Title VII of the Civil Rights Act of 1964

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In Aleasta Callahan v. Xayah Enterprises, LLC, No. 23 CV 3265, 2024 WL 2113092 (N.D.Ill. May 10, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision: Defendants first argue that plaintiff cannot adequately plead…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Allegations Included Forceful Buttocks Grabbing
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In Aleasta Callahan v. Xayah Enterprises, LLC, No. 23 CV 3265, 2024 WL 2113092 (N.D.Ill. May 10, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s constructive discharge/sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision: Defendant argues that plaintiff’s sex discrimination claim is implausible because…

Read More Constructive Discharge Sufficiently Alleged; Court Cites Groping, Sexual Comment, and Threat at Gunpoint
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In Stribling v. United Parcel Service, Inc., Case No. 22-CV-495, 2024 WL 1991438 (E.D.Wis. May 3, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. Among other things, plaintiff alleged that he was subject to racially derogatory remarks that a reasonable person would find offensive, including…

Read More Race-Based Hostile Work Environment Claim Against UPS Survives Summary Judgment
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In Smith v. St. Joseph’s Medical Center et al, 2024 WL 2058619 (S.D.N.Y. May 7, 2024), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s “pattern or practice” discrimination claim. The court explained the “black letter law” applicable to this theory as follows: A pattern or practice theory of discrimination requires a…

Read More Court Grants Summary Judgment Dismissing “Pattern or Practice” Religious Discrimination Claim
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In Qin v. Vertex, Inc., 2024 WL 1920379 (3d Cir. May 2, 2024), the court affirmed the lower court’s grant of summary judgment dismissing plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Qin alleged that he suffered a hostile work environment. He points to…

Read More Hostile Work Environment Claim Properly Dismissed; Three Comments Over Nearly Two Decades Insufficient
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In Painadath v. Melissa Lattanzio, et al, No. 22-3604, 2024 WL 1836500 (E.D.Pa. April 26, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: Construed liberally, Painadath pleads a hostile work environment sexual harassment claim. Painadath alleges that Mrs. Susan made a sexual advance…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Question of Severity or Pervasiveness Best Evaluated at Summary Judgment
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In Johnson v. School District of Philadelphia, 2024 WL 1773358 (E.D.Pa. April 24, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. From the decision: For racist comments, slurs, and jokes to…

Read More Hostile Work Environment Claims Dismissed; Comments Invoking “Racial Stereotypes” Did Not Amount to a “Steady Barrage”
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In Reed v. Fortive Corporation et al, 2024 WL 1756110 (2d Cir. April 24, 2024), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s claim of quid pro quo sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: To state a quid pro…

Read More Quid Pro Quo Sexual Harassment Claim Properly Dismissed; Alleged Invitation Did Not Constitute a “Sexual Advance”
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In Maryam v. LSG Sky Chefs, No. 1:23-cv-914-SDG, 2024 WL 1195535 (N.D.Ga. March 20, 2024), the court held that plaintiff pled sufficient facts to support a sex discrimination claim, based on a tangible employment action harassment theory, in violation of Title VII of the Civil Rights Act of 1964. From the decision: Sexual harassment in…

Read More Title VII Tangible Action Sexual Harassment Claim Sufficiently Alleged, Court Holds
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