In Wong v. Midwest Gaming & Entertainment LLC, 2023 IL App (1st) 220309 (Ill.App. 1 Dist. March 31, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s “third party” sexual harassment claim arising from alleged harassment by defendant’s patrons. From the decision: The undisputed facts in the record demonstrate that the patrons subjected…
Read More Patron Sexual Harassment Claim Survives Summary JudgmentIn Judkins v. The Brooklyn Hospital Center et al, 2023 WL 2652279 (E.D.N.Y. March 27, 2023), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s race- and sex-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. To plead a claim for hostile work…
Read More Race, Sex-Based Hostile Work Environment Claims Dismissed; Favoring Friends Held InsufficientIn Atalla v. Rite Aid Corporation, 2023 WL 2521909 (Cal.App. 5 Dist. Feb. 24, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s sexual harassment claim. The facts of this case include plaintiff’s supervisor sending her inappropriate text messages. Standing alone, these facts might initially suggest an actionable claim of sexual harassment. However,…
Read More Sexual Harassment Claims Dismissed; Inappropriate Text Messages Were Sent by Supervisor Not Acting in That CapacityIn a recent case, Boucher et al v. Trustees of Canisius College et al, No. 1:22-cv-00381, 2023 WL 2544625 (W.D.N.Y. March 17, 2023), the court denied defendant’s motion to dismiss plaintiff’s “hostile educational environment” sexual harassment claim asserted under Title IX of the Educational Amendments of 1972, 20 U.S.C. § 1681. Plaintiffs allege, in sum,…
Read More Sexual Harassment/Hostile Educational Environment Claim Survives Dismissal Against Trustees of Canisius CollegeIn Garza v. Antony Blinken, Secretary of United States Department of State, 2023 WL 2239352 (D.D.C. Feb. 27, 2023), 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 allegations against Favret do not amount…
Read More Title VII Sex-Based Hostile Work Environment Claim Dismissed; Staring at Breasts, Among Other Conduct, Deemed Insufficient by CourtIn Hernandez v. Kwiat Eye and Laser Surgery, PLLC, 2023 WL 372105 (N.D.N.Y. Jan. 24, 2023), the court, inter alia, dismissed plaintiff’s sex-based hostile work environment claims. This is, unfortunately, yet another example of unpleasant, arguably sex-based conduct – when viewed through the lens of the applicable legal standard – does not rise to the…
Read More Sex-Based Hostile Work Environment Claims Dismissed; “Vagina” Comments InsufficientIn Yost v. Everyrealm, Inc. et al, No. 22 Civ. 6549 (PAE), 2023 WL 2224450 (S.D.N.Y. Feb. 24, 2023), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s sexual harassment claim asserted under the (extremely lenient) New York City Human Rights Law. After summarizing the “black letter” law pertaining to this claim, the court…
Read More Sexual Harassment Claims Dismissed Notwithstanding Alleged “Sexual Gossip”In Morgan v. Mylan Pharmaceuticals Inc., 2023 WL 2027101 (N.D.W.Va. Feb. 15, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. This case illustrates the relatively high bar facing plaintiffs asserting, e.g., sexual harassment claims under Title VII, and…
Read More Sexual Harassment Allegations, Based on Alleged Inappropriate Comments by Union Representatives, DismissedIn Ares v. Aerotek, Inc. et al, 2023 WL 1980484 (W.D.Tex. Feb. 13, 2023), the court, inter alia, denied defendant’s motion for judgment as a matter of law on plaintiff’s co-worker sexual harassment claim following a jury verdict in her favor. The court held, specifically, that there was sufficient evidence introduced at trial to support…
Read More Title VII Co-Worker Sexual Harassment Verdict Stands; Evidence Indicated Employer Knew or Should Have Known of the Harassment and Failed to Take Prompt Remedial ActionIn Aponte v. Clinton Street Pizza Inc., 2023 WL 1795189 (S.D.N.Y. Feb. 7, 2023), the court, inter alia, granted plaintiffs’ application for a default judgment on their claims of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. As to…
Read More Court Awards Plaintiffs Default Judgment on Claims of Sexual Harassment Against Clinton Street Pizza