In Schlosser v. VRHabilis, LLC, No. 23-6019, 2024 WL 3934559 (6th Cir. August 26, 2024), the court upheld a jury verdict in plaintiff’s favor on their hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision: Based on the evidence presented at trial, the jury could…
Read More Hostile Work Environment Sexual Harassment Jury Verdict Upheld: 6th CircuitIn Dillingham v. Otterbein Middletown, LLC, Case No. 1:23-cv-00820, 2024 WL 3470646 (S.D.Ohio July 19, 2024), the court denied defendants’ motion to dismiss plaintiff’s claim of intentional infliction of emotional distress. From the decision: In the case at bar, defendants contend that plaintiff’s allegations do not rise to the outrageous or extreme conduct required to…
Read More Nursing Assistant’s Intentional Infliction of Emotional Distress Claim, Arising From Alleged Sexual Harassment by Patient, Survives DismissalIn Baldwin v. TMPL Lexington LLC et al, 23 Civ. 9899 (PAE), 2024 WL 3862150 (S.D.N.Y. August 19, 2024), the court, inter alia, denied defendant’s motion to compel arbitration, finding that she plausibly alleged sexual harassment under the New York City Human Rights Law, triggering the Ending Forced Arbitration of Sexual Assault and Sexual Harassment…
Read More Sexual Harassment Claims Sufficiently Alleged Against TMPL Lexington, Triggering Ending Forced Arbitration Act and Denial of Motion to Compel ArbitrationIn Singh v. Meetup LLC et al, 23-CV-9502 (JPO), 2024 WL 3904799 (S.D.N.Y. August 22, 2024), the court granted defendant’s motion to compel arbitration, holding that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) did not apply, since plaintiff’s allegations – while arguably constituting discrimination based on sex, did not…
Read More Sex Discrimination Allegations Did Not Plausibly Allege “Sexual Harassment”, Ending Forced Arbitration Act Not TriggeredIn Rolley v. Modern Disposal Services, Inc. et al, 21-CV-1229-LJV, 2024 WL 3819410 (W.D.N.Y. August 14, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: The defendants argue that Rolley’s hostile work environment…
Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal Against Modern Disposal ServicesIn Jackson v. Whelan Event Staffing Services, Inc. et al, Civil Action No. 24-cv-00072-LKG, 2024 WL 3487888 (D.Md. July 19, 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. After summarizing the black-letter law, the court…
Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed; Alleged Back Massage & Penis Text InsufficientIn Veras v. New York City Department of Education et al, No. 1:22-cv-00056 (JLR) (SN), 2024 WL 3446498 (S.D.N.Y. July 17, 2024), the court, inter alia, dismissed plaintiff’s complaint alleging hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff’s fourth cause of action alleges sexual…
Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed; Alleged Sticking Out Tongue, “Humping” Object InsufficientIn Swank v. State of Oklahoma ex rel. The Regional University System of the Oklahoma Board of Regents d/b/a Northeastern State University, Case No. CIV-24-102-GLJ, 2024 WL 3400768 (E.D.Okla. July 12, 2024), 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…
Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Allegations Include Inappropriate Comments, TouchingIn Jackson v. Management & Training Corporation, No. 4:23-cv-00066-MPM-JMV, 2024 WL 3352446 (N.D.Miss. July 8, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. Defendant argued that plaintiff cannot show that the alleged…
Read More Sexual Harassment Claim Survives Summary Judgment; Court Rejects “Should Have Quit” ArgumentIn Payne v. JetBlue Airways Corp., Steven Tenorio, 2024 WL 3360381 (E.D.N.Y. July 9, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act off 1964. In sum, plaintiff (an inflight crewmember for defendant airline) alleges…
Read More Title VII Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment Against JetBlue; Jury Could Find that Response Was Inadequate