Sexual Harassment

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In Jemmott v. Roosevelt Island Operating Corp. of the State of New York, No. 160867/2016, 2023 WL 3386763 (N.Y. Sup Ct, New York County May 11, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s claims of sexual harassment, retaliation, and constructive discharge. From the decision: The court finds defendant has fallen far…

Read More Sexual Harassment and Related Claims Survive Summary Judgment Against Roosevelt Island Operating Corp.
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In Harvison v. G.A. West & Co., Inc., 2023 WL 2998482, at *5 (S.D.Miss. April 18, 2023), the U.S. District Court for the Southern District of Mississippi, inter alia, granted one plaintiff leave to file an amended complaint to assert a “quid pro quo” sexual harassment claim under Title VII of the Civil Rights Act…

Read More Title VII “Quid Pro Quo” Sexual Harassment Claim, With Amendment, Plausibly Alleged
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In Bernhard v. Google, Inc., No. 155597/2020, 2023 WL 2989640 (N.Y. Sup Ct, New York County Apr. 14, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s failure-to-hire claim asserted under the New York City Human Rights Law. This decision is instructive as to how courts assess such claims under the NYCHRL. From…

Read More Failure to Hire Claim Sufficiently Alleged Under the NYCHRL Against Google
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In Bond v. New York City Health and Hospitals Corporation, No. 160658/13, 2022-00688, 35, 2023 N.Y. Slip Op. 01939, 2023 WL 2919893 (N.Y.A.D. 1 Dept. Apr. 13, 2023), the court, inter alia, affirmed the lower court’s denial of of defendant’s motion for summary judgment dismissing plaintiff’s hostile work environment/sexual harassment claim under the New York…

Read More Hostile Work Environment/Sexual Harassment Claim Survives Summary Judgment; Evidence Included Criticism Following Rejection of Sexual Advances
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In Yeaman v. City of Burley et al, No. 4:21-cv-00345-BLW, 2023 WL 2868575 (D.Idaho April 10, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. The court summarized the basis for its decision as follows: Here, Yeaman easily satisfies the first two elements of her…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Evidence Included Verbal and Physical Conduct
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On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, codified at 9 U.S.C. § 402 (EFAA). This law, in sum, invalidates any pre-dispute mandatory arbitration clause as it applies to plaintiffs alleging claims of or related to workplace sexual harassment. In a recent…

Read More Court Considers Temporal Applicability of the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021”
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In Wong v. Midwest Gaming & Entertainment LLC, 2023 IL App (1st) 220309 (Ill.App. 1 Dist. March 31, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s “third party” sexual harassment claim arising from alleged harassment by defendant’s patrons. From the decision: The undisputed facts in the record demonstrate that the patrons subjected…

Read More Patron Sexual Harassment Claim Survives Summary Judgment
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In Judkins v. The Brooklyn Hospital Center et al, 2023 WL 2652279 (E.D.N.Y. March 27, 2023), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s race- and sex-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. To plead a claim for hostile work…

Read More Race, Sex-Based Hostile Work Environment Claims Dismissed; Favoring Friends Held Insufficient
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In Atalla v. Rite Aid Corporation, 2023 WL 2521909 (Cal.App. 5 Dist. Feb. 24, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s sexual harassment claim. The facts of this case include plaintiff’s supervisor sending her inappropriate text messages. Standing alone, these facts might initially suggest an actionable claim of sexual harassment. However,…

Read More Sexual Harassment Claims Dismissed; Inappropriate Text Messages Were Sent by Supervisor Not Acting in That Capacity
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In a recent case, Boucher et al v. Trustees of Canisius College et al, No. 1:22-cv-00381, 2023 WL 2544625 (W.D.N.Y. March 17, 2023), the court denied defendant’s motion to dismiss plaintiff’s “hostile educational environment” sexual harassment claim asserted under Title IX of the Educational Amendments of 1972, 20 U.S.C. § 1681. Plaintiffs allege, in sum,…

Read More Sexual Harassment/Hostile Educational Environment Claim Survives Dismissal Against Trustees of Canisius College
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