Sexual Harassment

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In Bray v. Rhythm Management Group, LLC, 2024 Wl 4278989 (D. Md. Sept. 24, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: Defendants assert that Bray’s allegations do not describe conduct sufficiently “severe or pervasive” to alter the conditions of her employment and…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged
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In Zeng v. Ellenoff Grossman & Schole LLP, 23-CV-10348 (JGLC), 2024 WL 4250387 (S.D.N.Y. Sept. 19, 2024), the court, inter alia, upheld a Report & Recommendation (R&R) recommending that defendant’s motion to compel arbitration of plaintiff’s retaliation claim be denied. In sum, plaintiff Ming Zeng alleges that she was sexually harassed by a coworker while employed…

Read More Retaliation Claim, Arising From Sexual Harassment Complaint, Not Subject to Arbitration
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In a recent decision, Fay v. City of Newburgh et al, No. 21 Civ. 3140 (NSR), 2024 WL 4169552 (S.D.N.Y. Sept. 12, 2024), the court discussed and applied the “Faragher/Ellerth” affirmative defense, resulting in the granting of defendants’ motion for summary judgment on plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights…

Read More Applying “Faragher/Ellerth” Affirmative Defense, Court Dismisses Hostile Work Environment Sexual Harassment Claims
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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 Circuit
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In 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 Dismissal
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In 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 Arbitration
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In 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 Triggered
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In 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 Services
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In 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 Insufficient
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In 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 Insufficient
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