Sexual Harassment

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In Matsko v. New York, 2022 WL 137724 (N.D.N.Y. Jan. 14, 2022), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s claim of sexual harassment under Title VII of the Civil Rights Act of 1964. Here, the sexual harassment was alleged to have been committed by a non-supervisor; accordingly, the alleged wrongful…

Read More Sexual Harassment Claim, Based on Conduct by Non-Supervisor, Dismissed; Employer Not Shown to be Negligent in Controlling Working Conditions
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In Lively v. Wafra Inv. Advisory Group, Inc., No. 154121/2021, 2022 WL 195735 (N.Y. Sup Ct, N.Y. Cty., Jan. 21, 2022), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s age discrimination claim under the New York State Human Rights Law (N.Y. Exec. Law § 290, et seq.) and the New York City Human…

Read More “Advanced Age” Discrimination Claim Dismissed; Alleged Sexual Harassment Was Reason For Termination
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A recent federal court decision, Qorrolli v. Metropolitan Dental Associates, D.D.S. – 225 Broadway, P.C. et al, 18-cv-6836, 2022 WL 125823 (S.D.N.Y., 2022), is instructive as to the mechanics of the “motion for reconsideration” in federal practice. Here, plaintiff seeks reconsideration of the court’s dismissal of her retaliation claims under Title VII of the Civil…

Read More Motion For Reconsideration Denied in Sexual Harassment/Retaliation Case
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In Honey v. Dover Downs, Inc., No. C.A. No. 19-1646-TMH, 2021 WL 6197082 (D.Del. Dec. 9, 2021), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. The court summarized the five elements that a plaintiff must prove in order to establish a hostile work environment claim…

Read More Sexual Harassment Hostile Work Environment Claim Survives Summary Judgment; Alleged Conduct Included Bodily Contact and Vulgar Comments
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In a recent case, Hou v. Voya Insurance and Annuity Company et al, 2021 WL 5918573 (E.D.Pa. Dec. 15, 2021), the court, inter alia, held that plaintiff failed to demonstrate that the alleged conduct was sufficiently “severe or pervasive” to overcome summary judgment on her claim of hostile work environment sexual harassment asserted under Title…

Read More Sexual Harassment Claims Dismissed; “Slight Physical Contact”, “Infatuation” Insufficiently “Severe or Pervasive”
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In Sharp v. S&S Activewear, LLC, 2021 WL 5826310 (D.Nev. Dec. 8, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation. This case illustrates that a retaliation claim may succeed even where the underlying allegations constituting “protected activity” – here, a claim of sexual harassment based on, among other things, allegedly misogynistic…

Read More Retaliation Claim Sufficiently Alleged, Notwithstanding Dismissal of Underlying Sexual Harassment Claim
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In Sharp v. S&S Activewear, LLC, 2021 WL 5826310 (D.Nev. Dec. 8, 2021), the court, inter alia, dismissed plaintiff’s claim of a sexually hostile work environment asserted under Title VII of the Civil Rights Act of 1964. In sum, Plaintiffs allege that while they worked at Defendant’s warehouse, Defendant permitted managers and some employees to…

Read More Sexual Harassment Claim, Based on Alleged Misogynistic Warehouse Music, Insufficiently Alleged
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In Belton v. GEO Group, Inc., No. 21-30144, 2021 WL 5832953 (5th Cir. Dec. 8, 2021), the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of plaintiff’s claim of race discrimination claims under, inter alia, 42 U.S.C. 1981. Here, the plaintiff (a black man) claims that they were disciplined more harshly than…

Read More Fifth Circuit Affirms Dismissal of Race Discrimination Claim; Sexual Harassment Allegations Against Plaintiff & White Female Were Not Comparable
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While sexual jokes in the workplace may, under certain circumstances, give rise to a plausible hostile work environment sexual harassment claim, that is not always the case. A recent decision, Cafiero v. Keurig Dr. Pepper Inc., No. 12-CV-01303, 2021 WL 5630373 (E.D.Mo. Dec. 1, 2021), is one example where allegations of such conduct was insufficient…

Read More Sexual Jokes Insufficient to Make Out Hostile Work Environment Claim
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In Burke v. Jose Luis Villa, Sadrac Louis, Bonefish Grill et al, No. 19-CV-2957, 2021 WL 5591711 (E.D.N.Y. Nov. 30, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s same-sex sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. As to whether the harassment was “severe or…

Read More Same-Sex Sexual Harassment Claim Survives Summary Judgment
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