Sexual Harassment

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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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In Hortas v. Weill Cornell Medical College, No. 162604/2019, 2022 WL 17325643 (N.Y. Sup Ct, New York County Nov. 29, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s constructive discharge/sexual harassment/hostile work environment claim on timeliness grounds. From the decision: A liberal reading of plaintiff’s complaint shows she alleged sexual harassment by…

Read More Constructive Discharge Claim, Based on Allegations of Hostile Work Environment/Sexual Harassment, Sufficiently Alleged
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In Klymn v. Monroe County Supreme Court et al, 2022 WL 16950048 (W.D.N.Y. Nov. 15, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted against a former New York State Supreme Court Judge. As to the sufficiency of the allegations, the court explained: Lastly, having…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal Against Former Judge; Acts Dating Back to 2005 May be Considered
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In Lintenich v. PFTN Columbia, LLC d/b/a Planet Fitness, Case No. 1:21-cv-00036, 2022 WL 14812633 (M.D.Tenn. October 25, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment. The evidence included the following messages sent to plaintiff (the last of which was a voice message):…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment Against Gym; Evidence Included Sexual Text and Voice Messages
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In Butler v. Ford Motor Company, 2022 WL 4448724 (N.D.Ill. Sept. 23, 2022), the court dismissed plaintiff’s hostile work environment sexual harassment claim. In sum, plaintiff alleges that her co-worker yelled in her face, “You bitches on this line be tweaking!”. This decision teaches that not every utterance of an offensive, sex-based term will give…

Read More Sexual Harassment Claim Dismissed; Co-Worker’s One-Time Use of “Offensive and Odious” Term “Bitches” Deemed Insufficient by Court
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In Torres v. Pasco County, Florida, 2022 WL 7125207 (M.D.Fla. Oct. 12, 2022), the court, inter alia, dismissed plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In this case, Plaintiff claims that she was subject to unwelcome sexual harassment through “cat calls.” However, Plaintiff offers…

Read More Sexual Harassment Complaint Dismissed; Alleged “Cat Calls” Insufficient
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In Lum v. Consolidated Edison Co. of N.Y., Inc., 2022 NY Slip Op 05594 (App. Div. 1st Dept. Oct. 6, 2022), the court modified a lower court order to reinstate plaintiff’s claims for national origin discrimination under the New York State and City Human Rights Laws, and for sexual harassment under the New York City Human…

Read More National Origin, Sexual Harassment Claims Reinstated Against Con Edison
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In Zaja v. SUNY Upstate Medical University/Upstate Healthcare Center, 5:20-CV-337 (MAD/TWD), 2022 WL 4465498 (N.D.N.Y. Sept. 26, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, Defendant has met its burden of production to…

Read More Retaliation Claim, Based on Sexual Harassment Complaint, Survives Summary Judgment
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In Zaja v. SUNY Upstate Medical University/Upstate Healthcare Center, 5:20-CV-337 (MAD/TWD), 2022 WL 4465498 (N.D.N.Y. Sept. 26, 2022), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. (The court did, however, deny defendant’s motion for…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; While Sex-Based Conduct Was “Severe”, There Was No Basis For Imputing Conduct to Defendant
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