Sexual Harassment

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In Fawcett v. Fox News Network, LLC, No. 157135/2021, 2022 WL 445861 (N.Y. Sup Ct, New York County Feb. 14, 2022), the court dismissed plaintiff’s claims of gender discrimination and sexual harassment against defendant Andrew Napolitano. The court summarized plaintiff’s allegations against this defendant as follows: Plaintiff began working for Fox Business in March 2019…

Read More Sexual Harassment and Other Claims Dismissed Against Andrew Napolitano
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In Long v. Aerotek, Inc. et al, No. 531638, 2022 N.Y. Slip Op. 00915, 2022 WL 398863 (N.Y.A.D. 3 Dept., Feb. 10, 2022), the court, inter alia, affirmed the denial of defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment claim asserted under the New York State Human Rights Law. The court began…

Read More Sexual Harassment, Hostile Work Environment, Constructive Discharge Claims Survive Summary Judgment Claims Survive Summary Judgment
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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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