Author: mjpospis

On May 17, 1954, in Brown v. Board of Ed. of Topeka, 347 U.S. 483 (1954), the U.S. Supreme Court unanimously held that the doctrine of “separate but equal” (announced by the Court in Plessy v. Ferguson, 163 U.S. 537, 16 S.Ct. 1138 (1896)), as applied to public schoolchildren, was inconsistent with the Fourteenth Amendment’s…

Read More On This Day: Brown v. Board of Education, 347 U.S. 483 (1954)
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In Rippstein v. Boeing Company, et al, 2022 WL 1522155 (D.Ariz. May 13, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Defendant next argues that the three anonymous emails sent to Plaintiff’s…

Read More Title VII Hostile Work Environment Claim Survives Summary Judgment Against Boeing; Evidence Included Death Threats
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In Haughton v. Ja-Co Foods, Inc. d/b/a Sonic Drive-Ins, No. 1:20-CV-241-SA-DAS, 2022 WL 1498107 (N.D. Miss. May 11, 2022), the court held that plaintiff presented sufficient evidence to survive summary judgment on plaintiff’s hostile work sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Generally, in order to make out…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Evidence Included Singing “Inappropriate Songs” and “Humping”
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A recent retaliation/sexual harassment case, Young v. Bernhard MCC, LLC, No. 3:20-cv-00363, 2022 WL 1499700 (M.D.Tenn. May 12, 2022), presents an interesting and somewhat unique fact pattern. Here, plaintiff Michael Young is plaintiff Robert Young’s father. Michael and Robert worked together at defendant Bernhard MCC, a construction company, until they were both fired on the…

Read More Father’s Title VII Retaliation Claim, Arising From Reporting Sexual Harassment Against Son, Survives Summary Judgment
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In Wallace v. Crab House, Inc. et al, 21-cv-5757 (LJL), 2022 WL 1501089 (S.D.N.Y. May 12, 2022), the court dismissed plaintiff’s claims of race discrimination and hostile work environment asserted under federal, state, and local law. In sum, plaintiff (who is African American) alleges that he and two employees of Hispanic descent were treated differently…

Read More Federal (42 U.S.C. § 1981) Race-Based Hostile Work Environment Claim Dismissed; Accusations of Tip Theft Etc. Insufficient
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In Errickson v. Lakeland Regional Medical Center, Inc., 8:22-cv-533-VMC-CPT, 2022 WL 1487588 (M.D.Fla. May 11, 2022), the court dismissed plaintiff’s disability-based hostile work environment claim asserted under the Americans with Disabilities Act. After summarizing the “black letter” law, the court applied it to the facts: Although the issue of whether harassment was severe and pervasive…

Read More “Unpleasant” Conduct Nevertheless Insufficient to Give Rise to a Plausible ADA Hostile Work Environment Claim, Court Holds
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In Díaz-Zayas v. Municipality of Guaynabo, et al, No. 18-1668 (RAM), 2022 WL 1322657 (D.Puerto Rico April 27, 2022), the court, inter alia, denied defendant’s Rule 12(b)(6) motion to dismiss plaintiff’s quid pro quo sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the factual allegations, in part, as…

Read More Quid Pro Quo Sexual Harassment Claim, Based on Alleged Conduct of Héctor O’Neill-García, Survives Dismissal
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In Nyambi v. Delta Airlines, Inc., No. 2:21-cv-00369-JHC, 2022 WL 1443741 (W.D.Wash. May 6, 2022), the court granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Assuming Plaintiff pleaded a hostile work environment claim, he fails to…

Read More Race-Based Hostile Work Environment Claim Dismissed; Single “Stupid African” Remark Insufficiently “Severe”
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In Howard et al v. Cook County Sheriff’s Office et al, No. 17 C 8146, 2022 WL 1404833 (N.D.Ill. May 4, 2022), the court held that plaintiffs – female corrections officers – presented enough evidence to overcome defendants’ motion for summary judgment on their claims of hostile work environment sexual harassment (by detainees) under Title…

Read More Jail Employees’ Hostile Work Environment Sexual Harassment Claims Survive Summary Judgment
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In Cruse v. Bi-State Development Agency of Missouri-Illinois Metropolitan District, No. 4:20-cv-366-MTS, 2022 WL 1185149 (E.D.Mo. April 21, 2022), the court, inter alia, held that factual issues precluded summary judgment on plaintiff’s claims of sexual harassment. In sum, plaintiff alleged that her supervisor (Brew) sexually harassed her, both in person and by phone, and that…

Read More Sexual Harassment Claim(s) Survive Summary Judgment; Factual Issues Existed as to Whether Harassment Culminated in a “Tangible Employment Action” Etc.
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