Sexual Harassment

In Johnson v. 212 Fremont Sandusky Wine & Spirit, LLC, 2025 WL 843390(N.D.Ohio March 18, 2025), the court ruled on defendant’s motion for summary judgment on plaintiffs’ claims of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964 (as well as Ohio stae law). As to two plaintiffs,…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Alleged Harassment Was “Direct and Physical”
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In Arizzo v. Ethicon, Inc., No. 159122/2023, 2025 WL 1047066 (N.Y. Sup Ct, New York County Apr. 03, 2025), the court denied plaintiff’s motion to amend their complaint to add hostile work environment claims under the New York State and City Human Rights Laws against a proposed defendant (Ethicon US). In sum, the court held…

Read More NYS & NYC Human Rights Laws Held Inapplicable to NJ Employer of NJ Resident
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A recent decision, Perrotte v. Bloomberg L.P. et al, No. 2024-03283, 4061, 451470/20, 2025 N.Y. Slip Op. 02046, 2025 WL 1033707 (N.Y.A.D. 1 Dept., Apr. 08, 2025), the New York Supreme Court, Appellate Division, First Department illustrates how courts assess discovery disputes in an employment discrimination case. From the decision: Supreme Court providently exercised its…

Read More First Department Assesses Discovery of Internal Complaints, Cell Phone in Sexual Harassment Case
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In Menos v. Uncle Nearest, Inc. et al, 22-CV-1449 (PKC) (PK), 2025 WL 917347 (E.D.N.Y. March 25, 2025), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment claims asserted under the New York State and City Human Rights Laws. From the decision: Plaintiff’s sexual harassment claims rely predominantly on three…

Read More Sexual Harassment Claims Survive Summary Judgment; Allegations Include Touching, Inquiries Into Personal Life, Late-Night Text Messages
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In Gathers v. K & K Family Ventures, LLC, Case No. 2:24-cv-4422-RMG, 2025 WL 892773 (D.S.C. March 24, 2025), the court declined to adopt a Magistrate’s Report & Recommendation, and held that plaintiff sufficiently alleged a constructive discharge claim, arising from alleged sexual harassment. From the decision: The Court declines to adopt the portion of…

Read More Constructive Discharge Claim, Based on Sexual Harassment, Sufficiently Alleged
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In Franco v. City of New York et al, 19-CV-5905 (AMD) (CLP), 2025 WL 964014 (E.D.N.Y. March 31, 2025), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s discrimination (sexual harassment) claim asserted under the New York City Human Rights Law (NYCHRL). From the decision: The Second Circuit has held that under…

Read More Citing Evidence of Buttocks Grinding & Arm Caressing, Court Denies Motion for Summary Judgment on Sexual Harassment Claim
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In Brazzano v. Thompson Hine LLP et al, 24-CV-01420 (ALC)(KHP), 2025 WL 96311 (S.D.N.Y. March 31, 2025), the court, inter alia, denied the defendants’ motion to compel arbitration of plaintiff’s sexual harassment claim under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA). Specifically, the court held that plaintiff plausibly…

Read More Sexual Harassment Claims Plausibly Alleged; Motion to Compel Arbitration Denied Under Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
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In Buscaino v. Dircksen & Talleyrand, Inc. and Ariel Echevarria, 22-CV-7572 (AMD) (PK), 2025 WL 777085 (E.D.N.Y. March 11, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and…

Read More Sex-Based Hostile Work Environment Claims Survive Summary Judgment; Evidence Included Sex-Based Criticism
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In Borden v. City of New York, 23-CV-8330 (RPK) (CLP), 2025 WL 754147 (E.D.N.Y. March 10, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff’s non-time barred allegations do not plausibly amount to…

Read More Sex-Based Hostile Work Environment Claims Dismissed; Alleged Sexual Innuendo, Grabbing Were Not “Severe” or “Pervasive”
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In Walls v. City of New York, No. 156492/2024, 2025 WL 697108 (N.Y. Sup Ct, New York County Mar. 04, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claim on statute of limitations grounds. In doing so, the court applied the “continuing violation doctrine”: Defendants argue that Plaintiff’s claims…

Read More Applying “Continuing Violation Doctrine”, Court Rejects Statute of Limitations Challenge to Hostile Work Environment Claims
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