Sexual Harassment

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In Bailey v. A Place For Rover et al, 2023 WL 7167580 (E.D.Pa. Oct. 31, 2023), the court considered whether the relatively recently enacted Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) operated to render the defendant’s arbitration agreement unenforceable. In sum, the EFAA renders unenforceable a “predispute arbitration agreement … with…

Read More Human Trafficking Allegations Did Not Constitute a “Sexual Harassment Dispute”, Deeming EFAA Inapplicable and Not Barring Enforcement of Arbitration Agreement
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In Williams v. Inspira Health Network, 2023 WL 7151222 (D.N.J. Oct. 31, 2023), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Defendant argues that “[s]ummary judgment on Plaintiff’s NJLAD and Title…

Read More Title VII Sexual Harassment Complaint Dismissed; Alleged Comments and Touching Hair Was Not “Severe” or “Pervasive”
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The old saying that “the devil is in the details” applies, with especial force, to hostile work environment sexual harassment claims. That said, as one court recently explained, the work environment need not be “hellish” in order to make out a claim. In Brinson v. Eagle Express Lines, Inc., No. 18-cv-3733, 2023 WL 6312400 (N.D.Ill.…

Read More Sexual Harassment Claim Survives Summary Judgment; “Hellishness” Not Required
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In Wilson et al v. City of Greenville, Mississippi et al, No. 4:22CV64-GHD-DAS, 2023 WL 7021295 (N.D.Miss. Oct. 25, 2023), the court, inter alia, denied defendants’ motion for judgment on the pleadings as to plaintiffs’ claims of retaliatory hostile work environment asserted under Title VII of the Civil Rights Act of 1964. From the decision:…

Read More Title VII Retaliatory Hostile Work Environment Claim Survives Dismissal; Alleged Harassment Occurred Shortly After EEOC Charge
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In Wilson et al v. City of Greenville, Mississippi et al, No. 4:22CV64-GHD-DAS, 2023 WL 7021295 (N.D.Miss. Oct. 25, 2023), the court, inter alia, denied defendants’ motion for judgment on the pleadings as to plaintiffs’ claims of hostile work environment based on sex and sexual orientation asserted under Title VII of the Civil Rights Act…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Survives Dismissal; Allegations Include Remarks About Sexual Orientation
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In Beran v. VSL North Platte Court LLC, No. 7:21CV5003, 2023 WL 6880146 (D.Neb. Oct. 18, 2023), the court, inter alia, upheld a jury verdict finding in plaintiff’s favor on her hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. In finding that the evidence of a…

Read More Sexual Harassment Jury Verdict Upheld; Evidence Included Groping of Butt, Breasts
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In Puppo v. Bluemercury, Inc., No. 152105/2021, 2023 WL 6812153 (N.Y. Sup Ct, New York County Oct. 13, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of constructive discharge and hostile work environment sexual harassment. Among plaintiff’s allegations were that plaintiff (a sales associate) inadvertently sent her then-manager (individual defendant Morta)…

Read More Sexual Harassment Claims, Arising From Ridicule Associated With Dissemination of “Intimate Image”, Sufficiently Alleged
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In Garduno v. Capable Controls, Inc., No. 23 CV 2549, 2023 WL 6276564 (N.D.Ill. Sept. 26, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. In this case, plaintiff alleged that shortly after starting work, she discovered that one…

Read More Sexual Harassment Claim, Based on Pornography Viewing in the Office, Survives Dismissal
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In Mayorga v. Ira Greenberg, NYS Division of Homeland Security and Emergency Services, 22-CV-387 (AMD) (RML), 2023 WL 6307994 (E.D.N.Y. Sept. 28, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of discrimination (based on gender, sexual orientation, race and national origin), constructive discharge, and hostile work environment sexual harassment under the…

Read More Discrimination, Constructive Discharge, Hostile Work Environment, Sexual Harassment Claims Sufficiently Alleged Against NYS Division of Homeland Security and Emergency Services
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In Macri v. Herkimer County, 6:20-cv-1414 (GLS/TWD), 2023 WL 6295590 (N.D.N.Y. Sept. 27, 2023), 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. From the decision: In order to establish a hostile work environment claim…

Read More Sex-Based Hostile Work Environment Claim Dismissed; Scolding, Disrespect Alone Insufficient
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