In Bonterre v. City of New York et al, 18 Civ. 745, 2021 WL 4060358 (SDNY Sept. 7, 2021), the court, inter alia, denied defendants’ motion – under Federal Rule of Civil Procedure 12(c) – to dismiss plaintiff’s sexual harassment / hostile work environment claim. The court explained: In [the Second] Circuit, courts determining whether…
Read More Sexual Harassment Claim, Based on “Broomstick” Incident, Survives DismissalIn Khwaja v. Jobs to Move America et al, 19 Civ. 7070, 2021 WL 3911290 (S.D.N.Y. Sept. 1, 2021), the court adopted a Magistrate Judge’s Report & Recommendation in full, and held that plaintiff sufficiently alleged sex discrimination under Title VII of the Civil Rights Act of 1964. In sum, plaintiff – who worked as…
Read More Anti-Male Gender Discrimination Complaint Survives DismissalIn a recent case emanating from the Northern District of Illinois, Miller v. Northeast Illinois Regional Commuter Railroad Corp., No. 20 C 414, 2021 WL 3883080 (N.D.Ill. Aug. 31, 2021), the court denied defendants’ motion to dismiss plaintiff’s claim of sexually hostile work environment. This case is instructive as to how courts evaluate the situation…
Read More Sexual Harassment Claim, Based on Photo and Vulgar Comments, Sufficiently AllegedIn Harris v. NYC Human Resources Administration et al, 20-cv-2011, 2021 WL 3855239 (S.D.N.Y. Aug. 27, 2021), the court, inter alia, dismissed plaintiff’s gender- and age-based hostile work environment claims under, respectively, Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. As to plaintiff’s gender-based claim, the court…
Read More Age, Gender-Based Hostile Work Environment Claims Dismissed Against NYC Human Resources AdministrationIn Gibbs v. Megan J. Brennan, Postmaster General of the Unites States Postal Service, 2021 WL 3661277 (D.N.J. Aug. 18, 2021), the court denied defendant’s motion for summary judgment on plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive as to the interpretation and application of…
Read More Title VII Retaliation Claim Survives Summary Judgment; Threat (and Settlement) of Sexual Harassment Claim May Qualify as Protected “Opposition”In Wolfe v. Carter’s, Inc., 19-cv-560, 2021 WL 3562911 (S.D. Ohio Aug. 11, 2021), the court recommended the dismissal of plaintiff’s “quid pro quo” and “hostile work environment” sexual harassment claims asserted under Title VII of the Civil Rights Act of 1964. This case is instructive regarding, for example, the circumstances under which “requests for…
Read More Sexual Harassment Complaint Dismissal Recommended; Invitations Did Not Amount to “Unwelcome” Conduct Comprising “Sexual Advances or Favors”In Maner v. Dignity Health, 18-17159, 2021 WL 3699780 (9th Cir. Aug. 20, 2021), the U.S. Court of Appeals for the Ninth Circuit, inter alia, affirmed the dismissal of plaintiff’s gender discrimination claim asserted under Title VII of the Civil rights Act of 1964, on a “paramour preference” theory. From the decision: In this appeal,…
Read More Ninth Circuit Rejects “Paramour Preference” Theory of Title VII Sex Discrimination ClaimsIn Lee v. Engel Burman Grande Care at Jericho, LLC, et al, 20-CV-3093, 2021 WL 3725986 (E.D.N.Y. Aug. 23, 2021), the court granted defendants’ motion to compel arbitration of plaintiff’s sexual harassment claims, and stayed the action pending the outcome of arbitration. Specifically, the court rejected plaintiff’s arguments seeking to avoid arbitration on the grounds…
Read More Sexual Harassment Claims Stayed Pending ArbitrationIn Ahmad v. Colin Day, et al, 20 Civ. 4507, 2021 WL 3700552 (S.D.N.Y. Aug. 20, 2021), the court denied the defendants’ motion to compel arbitration of plaintiff’s claims of employment discrimination. In sum, plaintiff asserts that his former employer and two individual defendants discriminated against him because of his race, color, religion and national…
Read More Motion to Compel Arbitration of Employment Discrimination Claims Denied; Claims Did Not “Arise Out Of” Confidentiality AgreementIn Roberts v. The Sage Corporation et al, 20-cv-365, 2021 WL 3617670 (NDNY Aug. 16, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In contrast to Title VII discrimination and retaliation claims, hostile work environment claims involve a…
Read More Hostile Work Environment Claim Dismissed; Post-Employment Conduct Not Actionable