Sexual Harassment Sufficiently Alleged

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In Garduno v. Capable Controls, Inc., No. 23 CV 2549, 2023 WL 6276564 (N.D.Ill. Sept. 26, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. In this case, plaintiff alleged that shortly after starting work, she discovered that one…

Read More Sexual Harassment Claim, Based on Pornography Viewing in the Office, Survives Dismissal
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In Mayorga v. Ira Greenberg, NYS Division of Homeland Security and Emergency Services, 22-CV-387 (AMD) (RML), 2023 WL 6307994 (E.D.N.Y. Sept. 28, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of discrimination (based on gender, sexual orientation, race and national origin), constructive discharge, and hostile work environment sexual harassment under the…

Read More Discrimination, Constructive Discharge, Hostile Work Environment, Sexual Harassment Claims Sufficiently Alleged Against NYS Division of Homeland Security and Emergency Services
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In a recent case, Domingo v. Avis Budget Group, et al., No. 2021-02638, 709558/20, 2023 WL 5599153 (N.Y.A.D. 2 Dept., Aug. 30, 2023), the court modified a lower court decision to deny defendant’s motion to dismiss plaintiff’s causes of action for hostile work environment and aiding and abetting. In sum, plaintiff commenced an action alleging…

Read More Sexual Harassment Claim Sufficiently Alleged; Dismissal of Federal and State Claims Did Not Operate as “Collateral Estoppel”
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In Tiffani Kerns v. RCS Trucking & Freight, Inc., No. 1:22-cv-1200 (RDA/IDD), 2023 WL 4868555 (E.D.Va. July 31, 2023), the court denied defendant’s motion to dismiss plaintiff’s claims of hostile work environment sexual harassment (as well as constructive discharge) asserted under the Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged…

Read More Sexual Harassment Claim Survives Dismissal; Court Rejects Defendant’s “Myopic” Interpretation of the Hostile Work Environment Statement
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In Stripling v. Ingram Barge Company, LLC, No. 3:21-cv-00654, 2022 WL 17475764 (M.D.Tenn. Dec. 6, 2022), the court, inter alia, denied 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: A prima facie claim for discrimination arising out sexual…

Read More Sexual Harassment (Hostile Work Environment) Claim Sufficiently Alleged; Court Rejects Defense Argument Focusing on “Discrete” Acts
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In Strobel v. Westfield State University, No. 3:21-cv-30074-KAR, 2022 WL 3214965 (D.Mass. August 9, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. In sum, plaintiff, who was employed by defendant as a maintainer, alleged that…

Read More Sexual Harassment Claim, Including Alleged Buttocks-Grabbing, Sufficiently Alleged
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In Rodriguez v. Town of Cicero et al, No. 20 C 7608, 2022 WL 1773715 (N.D.Ill. June 1, 2022), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. The court summarized plaintiff’s sexual harassment allegations as follows: The…

Read More Police Officer’s Title VII Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged, Court Holds
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In Díaz-Zayas v. Municipality of Guaynabo, et al, No. 18-1668 (RAM), 2022 WL 1322657 (D.Puerto Rico April 27, 2022), the court, inter alia, denied defendant’s Rule 12(b)(6) motion to dismiss plaintiff’s quid pro quo sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the factual allegations, in part, as…

Read More Quid Pro Quo Sexual Harassment Claim, Based on Alleged Conduct of Héctor O’Neill-García, Survives Dismissal
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