Same-Sex Sexual Harassment

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…

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In Burke v. Jose Luis Villa, Sadrac Louis, Bonefish Grill et al, No. 19-CV-2957, 2021 WL 5591711 (E.D.N.Y. Nov. 30, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s same-sex sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. As to whether the harassment was “severe or…

Read More Same-Sex Sexual Harassment Claim Survives Summary Judgment
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In Nachmany v. FXCM, Inc., 2020 WL 178413, at *6–7 (S.D.N.Y., 2020), the court, inter alia, dismissed plaintiff’s sexual harassment claims. Here, since plaintiff and the alleged harasser are both male, the plaintiff was required to “sufficiently allege claims for same-sex harassment.” In analyzing plaintiff’s claim, the court explained and applied the framework articulated by…

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In McIntyre v. Corning Incorporated, 15-cv-6277, 2019 WL 2140625 (W.D.N.Y., 2019), the court, inter alia, dismissed plaintiff’s Title VII hostile work environment claim, finding that plaintiff did not show that he was subjected to a hostile work environment within 300 days of his EEOC complaint. In this case, plaintiff alleged (inter alia) that he was…

Read More Untimely, Non-Gender Based Conduct Did Not Amount to a Hostile Work Environment Claim, Court Holds
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In Rice v. Smithtown Volkswagen, 2018 WL 3848923 (E.D.N.Y. Aug. 13, 2018), the court held that plaintiff sufficiently pleaded claims for “quid pro quo” sexual harassment, hostile work environment sexual harassment, and retaliation under Title VII of the Civil Rights Act of 1964. (In this post I will discuss the court’s assessment of plaintiff’s “quid pro…

Read More Quid Pro Quo Sexual Harassment Claim Stated Against Smithtown Volkswagen
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In Perry v. Captain Robert Slensby, 16-cv-8947, 2018 WL 1136922 (S.D.N.Y. Feb. 28, 2018), the court held that plaintiff sufficiently alleged a hostile work environment claim. The facts, in (very brief) part: Plaintiff reports that on one occasion during their night shift Defendant said to Plaintiff, “If I was a female, I would fuck the…

Read More Male-on-Male Sexual Harassment Claim Survives Dismissal; Court Cites Vulgar Comment and Physical Touching
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In Santiago v. Bernard F. Dowd, Inc., 2017 NY Slip Op 30791(U) (NY Sup. Ct. NY Cty. 160442/13, April 18, 2017) (J. Jaffe), the court denied defendant’s motion for summary judgment on plaintiff’s claim of same-sex hostile work environment sexual harassment under the New York City Human Rights Law. Plaintiff, a funeral director, presented evidence…

Read More “Corpse Genitalia” Sexual Harassment Case Survives Summary Judgment
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In Sanderson-Burgess v. City of New York, 2016 NY Slip Op 32007(U) (NY Sup. Ct. Qns. Cty. 700149/2011, Sept. 8, 2016) [Google Scholar version], the court granted defendants’ motion for summary judgment dismissing plaintiff’s various claims, including for hostile work environment sexual harassment, aiding and abetting, and retaliation.[1]Court records indicate that plaintiff has filed a Notice of…

Read More Court Dismisses NYPD Nurse’s Same-Sex Hostile Work Environment Sexual Harassment Case
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Title VII of the Civil Rights Act of 1964 makes it an unlawful discriminatory practice for an employer to discriminate against an employee because of (among other protected characteristics) “sex.” The term “sexual harassment” typically conjures up images of a male boss acting inappropriately towards a female subordinate. This is one, but not the only,…

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In Willis v. Cty. of Onondaga, No. 14-cv-1306, 2016 WL 7116126 (N.D.N.Y. Dec. 6, 2016), the court dismissed plaintiff’s sexual harassment, racial harassment, retaliation, and other claims asserted under Title VII of the Civil Rights Act of 1964. Here I’ll discuss the court’s evaluation of plaintiff’s Title VII sexual harassment claim. Plaintiff, an African-American heterosexual…

Read More Court Dismisses Sheriff’s Sexual Harassment and Other Claims; Court Assumed Conduct Was “Because of Sex” and Sufficiently “Severe” and “Pervasive” But Was Not Imputable to Defendant
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