Sexual Harassment

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In Martino v. Chenel Capital, LLC et al, No. 2023–04316, 3710, 2025 WL 516143 (N.Y.A.D. 1 Dept., Feb. 18, 2025), the Appellate Division, First Department unanimously reversed a lower court’s decision that the plaintiff failed to establish defendants’ liability for hostile work environment, sex discrimination, and retaliation under the New York State and City Human…

Read More Sex-Based Hostile Work Environment Claims Sufficiently Presented at Inquest; Contrary Decision Reversed
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In Ding v. Structure Therapeutics, Inc. et al, Case No. 24-cv-01368-JSC, 2025 WL 405699 (N.D.Cal. Feb. 5, 2025), the court, inter alia, held that plaintiff plausibly stated a claim for hostile work environment sexual harassment under the New York State and City Human Rights Laws, and therefore, denied defendants’ motion to compel arbitration, since plaintiff’s…

Read More Hostile Work Environment Sexual Harassment Claims Sufficiently Alleged; Allegations Included Sexist Comments About “Aggressiveness” and Belittling Domestic Violence Experience
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In Mahn v. Lawrence N. Mullman et al, Index No. 952263/23, Case No. 2024–03039, 2025 WL 408690 (N.Y.A.D. 1 Dept. Feb. 6, 2025), the Appellate Division, First Department, affirmed a lower court’s determination that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) did not invalidate the parties’ arbitration agreement.…

Read More Sexual Assault-Related Claims Subject to Arbitration and Not Barred by EFAA, Court Holds
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In Pachura v. Lloyd J. Austin III, 6:21-cv-316 (AMN/MJK), 2025 WL 371786 (N.D.N.Y. Feb. 3, 2025), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim. While the court found that plaintiff raised a triable issue of fact as to whether the work environment was objectively and subjectively “hostile,” the court found that…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; Conduct Not Imputable to Employer
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In Simms v. The State of Maryland Office of the Attorney General For Maryland, 2025 WL 213965 (D.Md. Jan. 16, 2025), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim. From the decision: The Court need not decide whether Plaintiff has adequately alleged facts sufficient to “impos[e] liability on the employer” for…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; Allegations of Staring and Stalking Insufficient
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In Bhuiyan v. Department of Treasury, 2025 WL 79634 (S.D.Ohio Jan. 13, 2025), the court adopted a Magistrate Judge’s Report & Recommendation granting defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: “Sexual harassment that results in a ‘hostile…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed, Buttcrack Exposure Notwithstanding
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In Rios v. Max Mara USA Inc. et al, No. 23-CV-9839 (LAP), 2025 WL 66502 (S.D.N.Y. Jan. 10, 2025), the court, inter alia, granted defendant’s motion for judgment on the pleadings (under Federal Rule of Civil Procedure 12(c)) on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; Pretend Breast “Motorboating” Insufficiently “Severe”
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In Woo v. The City of New York, No. 161109/2022, 2025 WL 65869 (N.Y. Sup Ct, New York County Jan. 8, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s quid pro quo and hostile work environment sexual harassment claims. From the decision: The issue in a quid pro quo sexual harassment case brought…

Read More Sexual Harassment Claims Survive Dismissal; Allegations Included That Punitive Assignments Followed Drink Request Refusal
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In Qorrolli v. Metropolitan Dental Associates, 2024 WL 5194887 (2d Cir. Dec. 23, 2024), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the lower court’s award of summary judgment to defendant on plaintiff’s claims of retaliation, on the ground that plaintiff did not engage in “protected activity.” From the decision: Finally,…

Read More Rejection of Sexual Advances Did Not Constitute “Protected Activity” For Retaliation Claim, 2nd Circuit Holds
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In Bennett v. State, No. 152438/2023, 2024 WL 4896499 (N.Y. Sup Ct, New York County Nov. 21, 2024), the court denied plaintiff’s motion for partial summary judgment against defendant on plaintiff’s claims of sexual harassment and retaliation. This decision illustrates the general principle that courts are reluctant to grant summary judgment at a stage in…

Read More Cuomo Sexual Harassment Plaintiff’s Motion for Summary Judgment Denied
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