Sexual Harassment

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In Mesbah v. University of Louisville, Civil Action No. 3:22-CV-567-CHB, 2023 WL 6050232 (W.D.Ky. Sept. 15, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964 and the Kentucky Civil Rights Act. As to whether the alleged…

Read More Sexual Harassment Claims Sufficiently Alleged; Allegations Included Date Requests, Inappropriate Touching, and Staring
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In Matter of Commission On Human Rights Ex Rel. Liserny Fernandez, Petitioner v. Gil’s Collision Services Inc. d/b/a D & R Collision Corp. and Gilbert Velez, Jr., 2023 WL 3974499 (N.Y.C. Comm’n on Human Rights May 31, 2023), the NYC Commission on Human Rights, inter alia, found that an award of $275,000 in mental anguish…

Read More $275,000 Emotional Distress Damages Awarded by NYC Commission on Human Rights in Sexual Harassment Case
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In Sunkins v. Hampton Roads Connector Partners, No. 2:23cv91, 2023 WL 7411761 (E.D.Va. Nov. 9, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. Plaintiff’s allegations are based on alleged sexual comments made to her by…

Read More Hostile Work Environment Sexual Harassment Claims Survive Dismissal; Allegations Included Supervisor’s Direct Sexual Proposition Following Complaint
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In Alatorre v. Ole Mexican Foods, Inc., Case No. CIV-21-01057-JD, 2023 WL 7308117 (W.D.Okla. Nov. 6, 2023), the court, inter alia, held that plaintiff sufficiently alleged hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964, and thus denied defendant’s motion to dismiss. From the decision: Here, Alatorre has pled…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Allegations Included Sexual Comments and Attempted Touching
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In Wilson v. Ciocca Muncy Ho Inc., No. 4:23-CV-00765, 2023 WL 6449425 (M.D.Pa. Oct. 3, 2023), the court, inter alia, held that plaintiff administratively exhausted certain claims, but not others, in her charge filed at the U.S. Equal Employment Opportunity Commission (EEOC). In sum, plaintiff alleges that she experienced sex discrimination (including sexual harassment), racial…

Read More Claims, Including For Sex Discrimination & Hostile Work Environment Sexual Harassment, Were Administratively Exhausted at the EEOC, Court Holds
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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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