August 2022

In Wray v. Westchester Medical Center Advanced Physician Services, P.C., et al, 21-CV-00394 (PMH), 2022 WL 3214924 (S.D.N.Y. Aug. 9, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race discrimination claims asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human…

Read More Race Discrimination Claims Sufficiently Alleged Against Westchester Medical Center Advanced Physician Services
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In Doe v. Pennsylvania Dept. of Corrections et al, No. 4:19-CV-01584, 2022 WL 3219952 (M.D.Pa. Aug. 9, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s gender-based hostile work environment and constructive discharge claims asserted under the Equal Protection Clause. As to plaintiff’s hostile work environment claim, the court explained: Here,…

Read More Sex-Based Hostile Work Environment and Constructive Discharge Claims, Asserted Under the Equal Protection Clause, Survive Summary Judgment
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A recent decision, Carroll v. Amazon Data Services, Inc., No. 1:21-cv-01177 (RDA/TCB), 2022 WL 3161895 (E.D. Va. Aug. 8, 2022), illustrates that even workplace conduct that is, by most measures, unpleasant does not necessarily give rise to an actionable “hostile work environment” claim that violates Title VII of the Civil Rights Act of 1964. From…

Read More Hostile Work Environment Claim Dismissed; Hair Comments and Touching (While Troubling) Was Not Actionable Under Title VII
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In Frehoo, Inc. v. Bureau of Labor and Industries, 510 P.3d 888, 901, 319 Or. App. 548 (Or. App. May 18, 2022), the Court of Appeals of Oregon held that the evidence supported the conclusion by Oregon’s Bureau of Labor and Industries (BOLI) that an adult-entertainment establishment subjected an underage dancer to hostile work environment…

Read More Underage Exotic Dancer & Trafficking Victim Was Subject to Sexual Harassment, Court Holds
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In a recent decision, Thaler v. Vidal, 2022 WL 3130863 (Fed. Cir. Aug. 5, 2022), the U.S. Court of Appeals for the Federal Circuit held that only a human being – and not, as asserted in this case, an artificial intelligence – may be an “inventor” within the meaning of the Patent Act (Title 35…

Read More Sorry, Robots: An “Inventor” on a Patent Application Must be a Human Being
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In Gray v. Koch Foods, Inc. et al, 2022 WL 141533 (M.D.Ala. Jan. 14, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: The facts at issue here do not…

Read More Sexual Harassment Claim Survives Summary Judgment; Conduct Was Sufficiently “Severe” Even if Not “Pervasive”
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In Harris v. N.Y.C. Human Resources Administration et al, 20 Civ. 2011 (JPC), 2022 WL 3100663 (S.D.N.Y. Aug. 4, 2022), the court, inter alia, held that plaintiff sufficiently alleged age-based hostile work environment claims (in part) asserted under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York…

Read More Age-Based Hostile Work Environment Claims Survive, in Part, Against the N.Y.C. Human Resources Administration
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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 Dismissed
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In 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 Claim
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In Gershenson v. Local 52, No. 151180/2021, 2022 WL 3010192 (N.Y. Sup Ct, New York County July 28, 2022), the court held, inter alia, that plaintiff sufficiently alleged claims of retaliation under the New York State and City Human Rights Laws. (I wrote about the court’s denial of defendants’ motion to dismiss plaintiff’s claims of…

Read More Retaliation Claims Sufficiently Alleged Against Local 52
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