Sexual Harassment

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In Mazzuchelli v. Immutable Pty. Ltd and Lightsource Global, 23-cv-7885 (NSR), 2024 WL 4817535 (S.D.N.Y. Nov. 18, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized and applied the law as follows: A…

Read More Title VII Hostile Work Environment Claim Dismissed; Alleged “Graphic Sexual Discussions” and “Sexual Overtures” Notwithstanding
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In Allen v. New York State et al, 2:24-cv-02800 (JS) (JMW), 2024 WL 4654220 (E.D.N.Y. Nov. 1, 2024), the court denied defendants’ motion to stay this action in which plaintiff asserts claims of hostile work environment, sexual harassment, and retaliation. After summarizing the legal standard and the factors considered by courts – namely, “(1) whether…

Read More Court Declines to Stay Hostile Work Environment Sexual Harassment Case
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In Lanier v. Wise County et al, Civil Action No. 4:23-cv-01241-O, 2024 WL 4536468 (N.D.Tex. Oct. 21, 2024), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s claim of same-sex sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: The Fifth Circuit has established a two-step process…

Read More Applying Fifth Circuit Law, Court Dismisses Title VII Same-Sex Sexual Harassment Claim
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In Jesenia Villalobos v. Merrill Lynch, No. CV-24-02139-PHX-JJT, 2024 WL 4566852 (D.Ariz. Oct. 24, 2024), the court dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act 1964. After summarizing the black-letter law, the court applied it to the facts: In this case, the conduct complained of by Plaintiff was…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; Expressed Romantic Interest Was Not Sufficiently “Severe”
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In Moreno v. City of Porterville, Case No. 1:23-cv-00541-BAM, 2024 WL 4347302 (E.D.Cal. Sept. 30, 2024), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s hostile work environment sexual harassment claims. After summarizing the black-letter law, the court applied it to the facts as follows: Plaintiff next contends that her allegations regarding Sokoloff’s conduct…

Read More Hostile Work Environment Sexual Harassment Claims Dismissed; Multiple Invitations Insufficient
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In Reaud v. Facebook Inc., Case No. 23-cv-06329-AMO, 2024 WL 4126066 (N.D.Cal. Sept. 9, 2024), the court dismissed, with prejudice, plaintiff’s claims of sexual harassment and intentional infliction of emotional distress based on “pornographic” advertisements he saw on his Facebook page. Initially, the court dismissed plaintiff’s claims asserted under a “sexual harassment” theory: Plaintiff alleges…

Read More Citing Section 230, Court Dismisses Suit Against Facebook Arising From Alleged “Pornographic” Advertisements
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In Clincy v. Packaging Corporation of America, No. 3:23-CV-547-CWR-LGI, 2024 WL 4311511 (S.D.Miss. Sept. 26, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sexual harassment claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: Generally speaking, there are two types of sexual harassment claims…

Read More Court Holds That Plaintiff Sufficiently Alleges Hostile Work Environment Sexual Harassment
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In Clay v. FGO Logistics, Inc., 2024 WL 4335791 (D.Conn. Sept. 27, 2024), the court, inter alia, provided instructive guidance regarding when a claim “accrues” under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). In sum, plaintiff’s retaliation claim (but not his hostile work environment and sexual harassment claims) accrued after…

Read More Court Denies Motions to Compel Arbitration Per the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA)
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In Bray v. Rhythm Management Group, LLC, 2024 Wl 4278989 (D. Md. Sept. 24, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: Defendants assert that Bray’s allegations do not describe conduct sufficiently “severe or pervasive” to alter the conditions of her employment and…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged
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In Zeng v. Ellenoff Grossman & Schole LLP, 23-CV-10348 (JGLC), 2024 WL 4250387 (S.D.N.Y. Sept. 19, 2024), the court, inter alia, upheld a Report & Recommendation (R&R) recommending that defendant’s motion to compel arbitration of plaintiff’s retaliation claim be denied. In sum, plaintiff Ming Zeng alleges that she was sexually harassed by a coworker while employed…

Read More Retaliation Claim, Arising From Sexual Harassment Complaint, Not Subject to Arbitration
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