Title VII of the Civil Rights Act of 1964

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In Garza v. Antony Blinken, Secretary of United States Department of State, 2023 WL 2239352 (D.D.C. Feb. 27, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff’s allegations against Favret do not amount…

Read More Title VII Sex-Based Hostile Work Environment Claim Dismissed; Staring at Breasts, Among Other Conduct, Deemed Insufficient by Court
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In Hernandez v. Kwiat Eye and Laser Surgery, PLLC, 2023 WL 372105 (N.D.N.Y. Jan. 24, 2023), the court, inter alia, dismissed plaintiff’s sex-based hostile work environment claims. This is, unfortunately, yet another example of unpleasant, arguably sex-based conduct – when viewed through the lens of the applicable legal standard – does not rise to the…

Read More Sex-Based Hostile Work Environment Claims Dismissed; “Vagina” Comments Insufficient
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In a recent case, Mais v. Albemarle County School Board, Case No. 3:22-cv-51, 2023 WL 2143471 (W.D.Va. Feb. 21, 2023), the court explained why plaintiff sufficiently alleged a race-based hostile work environment under Title VII of the Civil Rights Act of 1964: Plaintiff has alleged enough facts to allow a jury to determine if the…

Read More Race-Based Hostile Work Environment Claim Survives Against Virginia School Board
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In Biondolillo v. Livingston Correctional Facility et al, Case # 17-CV-6576-FPG, 2023 WL 2043827 (W.D.N.Y. Feb. 16, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s pregnancy discrimination (termination) claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, while there is scarce evidence to suggest that…

Read More Pregnancy Discrimination Claim Survives Summary Judgment; Evidence Included “Demeaning” Remarks About Pregnancy Complications
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In Morgan v. Mylan Pharmaceuticals Inc., 2023 WL 2027101 (N.D.W.Va. Feb. 15, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. This case illustrates the relatively high bar facing plaintiffs asserting, e.g., sexual harassment claims under Title VII, and…

Read More Sexual Harassment Allegations, Based on Alleged Inappropriate Comments by Union Representatives, Dismissed
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In Flaherty v. Lindsey S. Dixon et al, 2023 WL 2051861 (S.D.N.Y. Feb. 16, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: The PSAC [Proposed Second Amended Complaint]’s allegations to support an inference of race discrimination are almost exclusively that Plaintiff is white and…

Read More Race-Based Hostile Work Environment Claim Dismissed; “Negative Interactions” With Coworkers of Different Race Insufficient
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In Carter v. Cole & Cole, Inc., d/b/a The Gulf Bowl & Captain’s Choice Restaurant, 2023 WL 1928215 (S.D.Ala. Feb. 10, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court assessed several factors…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Plaintiff’s Use of Word “Nigga” Did Not Defeat Claim
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In Ares v. Aerotek, Inc. et al, 2023 WL 1980484 (W.D.Tex. Feb. 13, 2023), the court, inter alia, denied defendant’s motion for judgment as a matter of law on plaintiff’s co-worker sexual harassment claim following a jury verdict in her favor. The court held, specifically, that there was sufficient evidence introduced at trial to support…

Read More Title VII Co-Worker Sexual Harassment Verdict Stands; Evidence Indicated Employer Knew or Should Have Known of the Harassment and Failed to Take Prompt Remedial Action
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In Davis v. Cape May Prosecutor’s Office, Civ. No. 1:22-cv-00783-NLH-EAP, 2023 WL 1883327 (D.N.J. Feb. 10, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiffs’ sex-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964. In stating the “black letter” law applicable to such claims, the court…

Read More Sex-Based Hostile Work Environment Claims Sufficiently Alleged; Allegations Included Lewd Jokes, Criticism, Use of the Word “Bitches,” Etc.
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In Aponte v. Clinton Street Pizza Inc., 2023 WL 1795189 (S.D.N.Y. Feb. 7, 2023), the court, inter alia, granted plaintiffs’ application for a default judgment on their claims of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. As to…

Read More Court Awards Plaintiffs Default Judgment on Claims of Sexual Harassment Against Clinton Street Pizza
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