Sexual Harassment

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In Parms v. Morgan Truck Body, LLC, Case No. 5:22-cv-2095, 2023 WL 3763578 (N.D. Ohio June 1, 2023), the court held that plaintiff’s EEOC charge sufficiently set forth a claim of sexual harassment and, thus, that that claim was administratively exhausted. The court explained: Generally, a plaintiff cannot bring claims in a lawsuit that were…

Read More Sexual Harassment Claim Administratively Exhausted at the EEOC, Court Rules
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In Bobowicz v. Holy Name Medical Center, Inc., 2023 WL 2579058 (N.J.Super.A.D. March 21, 2023), the court affirmed the dismissal of plaintiff’s sexual harassment claim. From the decision: Plaintiffs assert this case is subject to the Lehmann standard, which concerns sexual harassment that creates a hostile work environment. Lehmann v. Toys ‘R’ Us, Inc., 132…

Read More Sexual Harassment Claim Properly Dismissed in Light of Consensual Nature of Relationship, Court Holds
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In Minckler v Sullivan County, No. 535390, 2023 N.Y. Slip Op. 02729, 2023 WL 3510841 (N.Y.A.D. 3d Dept. May 18, 2023), the court upheld a determination by the Sheriff of Sullivan County terminating the employment of the petitioner, a jail division deputy sheriff/sergeant due to alleged sexual harassment. From the decision: The disciplinary hearing consisted…

Read More Termination Justified by Violation of Sexual Harassment Policy, Court Holds
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In Montgomery v. St. John’s United Church of Christ, 2023 WL 2820472 (Ohio App. 5 Dist., 2023), the court upheld a lower court decision dismissing, pursuant to the “ministerial exception”, plaintiff’s sexual harassment hostile work environment claim. From the decision: The circuits are split on whether the ministerial exception categorically bars courts from considering a…

Read More Sexual Harassment Hostile Work Environment Claim Barred by “Ministerial Exception”
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In Jemmott v. Roosevelt Island Operating Corp. of the State of New York, No. 160867/2016, 2023 WL 3386763 (N.Y. Sup Ct, New York County May 11, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s claims of sexual harassment, retaliation, and constructive discharge. From the decision: The court finds defendant has fallen far…

Read More Sexual Harassment and Related Claims Survive Summary Judgment Against Roosevelt Island Operating Corp.
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In Harvison v. G.A. West & Co., Inc., 2023 WL 2998482, at *5 (S.D.Miss. April 18, 2023), the U.S. District Court for the Southern District of Mississippi, inter alia, granted one plaintiff leave to file an amended complaint to assert a “quid pro quo” sexual harassment claim under Title VII of the Civil Rights Act…

Read More Title VII “Quid Pro Quo” Sexual Harassment Claim, With Amendment, Plausibly Alleged
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In Bernhard v. Google, Inc., No. 155597/2020, 2023 WL 2989640 (N.Y. Sup Ct, New York County Apr. 14, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s failure-to-hire claim asserted under the New York City Human Rights Law. This decision is instructive as to how courts assess such claims under the NYCHRL. From…

Read More Failure to Hire Claim Sufficiently Alleged Under the NYCHRL Against Google
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In Bond v. New York City Health and Hospitals Corporation, No. 160658/13, 2022-00688, 35, 2023 N.Y. Slip Op. 01939, 2023 WL 2919893 (N.Y.A.D. 1 Dept. Apr. 13, 2023), the court, inter alia, affirmed the lower court’s denial of of defendant’s motion for summary judgment dismissing plaintiff’s hostile work environment/sexual harassment claim under the New York…

Read More Hostile Work Environment/Sexual Harassment Claim Survives Summary Judgment; Evidence Included Criticism Following Rejection of Sexual Advances
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In Yeaman v. City of Burley et al, No. 4:21-cv-00345-BLW, 2023 WL 2868575 (D.Idaho April 10, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. The court summarized the basis for its decision as follows: Here, Yeaman easily satisfies the first two elements of her…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Evidence Included Verbal and Physical Conduct
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On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, codified at 9 U.S.C. § 402 (EFAA). This law, in sum, invalidates any pre-dispute mandatory arbitration clause as it applies to plaintiffs alleging claims of or related to workplace sexual harassment. In a recent…

Read More Court Considers Temporal Applicability of the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021”
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