In Delagrange v. Weaver Popcorn Manufacturing, Inc., 1:20-CV-451-HAB, 2022 WL 3081978 (N.D.Ind. Aug. 3, 2022), the court, inter alia, dismissed plaintiff’s same-sex sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the black-letter law on this issue, arising from U.S. Supreme Court precedent, as follows: Same-sex harassment…
Read More Same-Sex Sexual Harassment Claim DismissedIn Felder v. MGM National Harbor, LLC, No. 20-2373, 2022 WL 2871905 (4th Cir. July 21, 2022), the court, inter alia, vacated the lower court’s order dismissing, for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), plaintiff’s claim of color-based discrimination asserted under Title VII of the Civil Rights Act of…
Read More Fourth Circuit Vacates Dismissal of Title VII Color-Based Discrimination ClaimIn McKenna v. Santander Investment Securities, Inc. et al, 21cv941 (DLC), 2022 WL 2986588 (S.D.N.Y. July 28, 2022), the court, inter alia, held that plaintiff’s pregnancy discrimination claim (in part) survived summary judgment. Here, plaintiff alleged pregnancy discrimination based on two pregnancies, one in 2019, and one in 2020. The court reached different decisions regarding…
Read More Pregnancy Discrimination Claim Survives Summary Judgment (In Part) Against Santander Investment SecuritiesIn Webb v. City of Venice, No. 8:19-cv-3045-TPB-TGW 2022 WL 2967291 (M.D.Fla. July 27, 2022), the court, inter alia, denied defendant’s motion for judgment as a matter of law on plaintiff’s claim of race-based hostile work environment claim. As to the issue of the existence of a hostile work environment, the court explained: This is…
Read More Race-Based Hostile Work Environment Jury Verdict Upheld; Evidence Included Use of “N-Word”In Robinson v. Attractions Lodging, Inc., 6:20-cv-32-EJK, 2022 WL 2904869 (M.D.Fla. July 22, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race and national origin based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: As to Plaintiff’s claim that the…
Read More Race/National Origin-Based Hostile Work Environment Claims Survive Summary JudgmentIn Mellett v. City of Philadelphia, No. 20-cv-1629-JMY, 2022 WL 2391141 (E.D.Pa. July 1, 2022), the court, inter alia, denied defendant’s motion for summary judgment as to plaintiff’s retaliation claim. From the decision: Plaintiff has brought forth evidence that Defendant’s alleged retaliatory conduct occurred within days of her complaining about Lieutenant Frank’s conduct and that…
Read More Retaliation Claim, Arising From “Antagonism” Following Complaints of Sexual Harassment, Survives Summary JudgmentIn Sarraj v. Northern Virginia Electric, 2022 WL 2820553 (E.D.Va. July 18, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claims based on race, age, and sex. Initially, the court held that plaintiff – who is over 40 and Iraqi-Kurish – did not sufficiently allege an race and age-based hostile work environment claim,…
Read More Sex-Based Hostile Work Environment Claim Dismissed; Single Comment InsufficientIn Goosby v. Kendall, 2022 WL 2666731 (S.D.Ohio July 11, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: A hostile work environment claim requires proof that (1) plaintiff belongs to a protected class; (2) [plaintiff] was subject to unwelcome harassment; (3) the harassment was based on race; (4) the…
Read More Hostile Work Environment Claim Insufficiently Alleged; Comments Were Not “Pervasive”In Franchitti v. Cognizant Technology Solutions Corp., 21-CV-2174 (JMF), 2022 WL 2657171 (S.D.N.Y. July 8, 2022), the court, inter alia, dismissed plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights Law. From the decision: As noted, Franchitti brings a…
Read More Retaliation Claims, Based on Withdrawal of Settlement, DismissedIn Valentia Villetti, Faiza Jibril, M.D. v. Guidepoint Global LLC, 21-2059-cv, 2022 WL 2525662 (2d Cir. July 7, 2022), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the lower court’s summary judgment on plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, the New York State…
Read More Retaliation Claims Survive Summary Judgment; Court Cites Temporal Proximity Between Complaints and Termination and Inconsistent Explanations For Termination