Sexual Harassment

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In Zepeda v. Halftime Bar & Grill Corp., 2023 WL 266504 (E.D.N.Y. Jan. 18, 2023), a hostile work environment/sexual harassment case, the court, inter alia, awarded plaintiff $25,000 in emotional distress damages following defendants’ default. From the decision: For “garden variety” emotional distress claims, where a plaintiff did not seek medical treatment but the plaintiff’s…

Read More Sexual Harassment Plaintiff Awarded $25,000 in Emotional Distress Damages Following Defendants’ Default
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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 Wallace v. Performance Contractors, Incorporated, 2023 WL 21856 (5th Cir. Jan. 3, 2023), the court reversed the lower court’s order dismissing plaintiff’s hostile work environment sexual harassment claim. As to whether the alleged conduct was severe or pervasive, the court explained: We agree with the district court that a reasonable jury could find that…

Read More Sexual Harassment Claim Survives Summary Judgment; Conduct Was “Severe or Pervasive” and Defendant Was Not Entitled to Faragher/Ellerth Defense
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In Gazaway v. Rims USA LLC d/b/a RNR Tire Express, No. 1:21-cv-44, 2022 WL 17869144 (E.D.Tenn. Dec. 22, 2022), the court, inter alia, held that plaintiff presented sufficient facts such that a reasonable jury could conclude she was subjected to sexual harassment (of the “hostile work environment” type), as well as whether defendant may successfully…

Read More Sexual Harassment Claim Survives Summary Judgment; Evidence Included Lewd Snapchat Messages
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In Mahoney v. City of Albany, No. 534635, 2022 WL 17835340 (N.Y.A.D. 3 Dept. Dec. 22, 2022), the court, inter alia, held that plaintiff’s claim of sexual harassment may proceed against an individual defendant. From the decision: Viewing the evidence in a light most favorable to plaintiff, as required on defendants’ motion for summary judgment…

Read More Sexual Harassment Claim Against Individual Defendant, Based on Sexual Comments, Proceeds
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In Dubie v. Buffalo Concrete Accessories, Inc., 21-CV-744-LJV, 2022 WL 17822125 (W.D.N.Y. Dec 20, 2022), the court dismissed plaintiff’s sexual harassment claim as not administratively exhausted at the U.S. Equal Employment Opportunity Commission (EEOC), which is a necessary first step in pursuing a claim under Title VII of the Civil Rights Act of 1964. From…

Read More Sexual Harassment Claim Dismissed as Not Administratively Exhausted
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In Vargas v. The Vons Companies, Inc. et al, 2022 WL 17685801 (Cal.App. 2 Dist. Dec. 15, 2022) (unpublished), the court, inter alia, reversed the lower court’s order granting defendant’s motion for summary judgment on plaintiff’s sexual harassment claim, against her co-worker, under California’s Fair Housing and Employment Act (FEHA). From the decision: There is…

Read More Citing Repeated Verbal Harassment, Court Reverses Summary Judgment on Plaintiff’s Sexual Harassment Claim
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In Qorrolli v. Metropolitan Dental Associates, D.D.S. – 225 Broadway, P.C. et al, 18-cv-6836 (DLC), 2022 WL 17689836 (S.D.N.Y. Dec. 15, 2022), the court granted the defendant’s motion for a new trial, primarily on the ground that the jury’s verdict was primarily based on hearsay (which, as one legal scholar has noted, is a “kind”…

Read More Citing Introduction of Hearsay, Court Orders New Trial in Sexual Harassment Case
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In Wilson v. New York and Presbyterian Hospital et al, 2022 WL 17587564 (2d Cir. Dec. 13, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s hostile work environment sexual harassment claim. From the decision: Finally, Wilson argues that the district court erred in dismissing his NYSHRL sexually hostile work environment claim. It did…

Read More Hostile Work Environment Sexual Harassment Claim, Based in Part on Workplace Pornography Viewing, Properly Dismissed
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A recent decision, Ramroop v. Communications Workers of America Local 1182, No. 157047/2019, 2022 WL 17574009 (N.Y. Sup Ct, New York County Dec. 08, 2022), illustrates how to impute liability for a sexually hostile work environment claim against a defendant – in this case, a union. From the decision: Local 1182 argues that a claim…

Read More Hostile Work Environment Sexual Harassment Claims Proceed Against Union
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