Sexual Harassment

In Bills v. WVNH Emp, LLC, 2022 WL 17365256 (S.D.W.Va. Dec. 1, 2022), the court granted defendant’s motion for summary judgment dismissing her claim of wrongful termination asserted under the West Virginia Human Rights Act (WVHRA). From the decision: Unlike most wrongful termination cases, there is no dispute here as to why the Defendants terminated…

Read More Nursing Assistant’s Smacking Alleged Groping Patient’s Hands Was Not “Protected Activity” For Sexual Harassment / Retaliation Claim, Court Holds
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In Klymn v. Monroe County Supreme Court et al, 2022 WL 16950048 (W.D.N.Y. Nov. 15, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted against a former New York State Supreme Court Judge. As to the sufficiency of the allegations, the court explained: Lastly, having…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal Against Former Judge; Acts Dating Back to 2005 May be Considered
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In a recent case, Martino v. Chenel Capital, LLC et al, No. 154267/2022, 2022 WL 16743358 (N.Y. Sup Ct, New York County Nov. 02, 2022), the court granted plaintiff’s motion for a default judgment against defendants. This decision provides some insight into the nuts-and-bolts of obtaining a default judgment, following the defendants’ failure to answer…

Read More Sexual Harassment Default Judgment Issued; Liability and Damages to be Determined at Inquest
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In Lintenich v. PFTN Columbia, LLC d/b/a Planet Fitness, Case No. 1:21-cv-00036, 2022 WL 14812633 (M.D.Tenn. October 25, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment. The evidence included the following messages sent to plaintiff (the last of which was a voice message):…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment Against Gym; Evidence Included Sexual Text and Voice Messages
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In Butler v. Ford Motor Company, 2022 WL 4448724 (N.D.Ill. Sept. 23, 2022), the court dismissed plaintiff’s hostile work environment sexual harassment claim. In sum, plaintiff alleges that her co-worker yelled in her face, “You bitches on this line be tweaking!”. This decision teaches that not every utterance of an offensive, sex-based term will give…

Read More Sexual Harassment Claim Dismissed; Co-Worker’s One-Time Use of “Offensive and Odious” Term “Bitches” Deemed Insufficient by Court
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In Torres v. Pasco County, Florida, 2022 WL 7125207 (M.D.Fla. Oct. 12, 2022), the court, inter alia, dismissed plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In this case, Plaintiff claims that she was subject to unwelcome sexual harassment through “cat calls.” However, Plaintiff offers…

Read More Sexual Harassment Complaint Dismissed; Alleged “Cat Calls” Insufficient
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In Lum v. Consolidated Edison Co. of N.Y., Inc., 2022 NY Slip Op 05594 (App. Div. 1st Dept. Oct. 6, 2022), the court modified a lower court order to reinstate plaintiff’s claims for national origin discrimination under the New York State and City Human Rights Laws, and for sexual harassment under the New York City Human…

Read More National Origin, Sexual Harassment Claims Reinstated Against Con Edison
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In Zaja v. SUNY Upstate Medical University/Upstate Healthcare Center, 5:20-CV-337 (MAD/TWD), 2022 WL 4465498 (N.D.N.Y. Sept. 26, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, Defendant has met its burden of production to…

Read More Retaliation Claim, Based on Sexual Harassment Complaint, Survives Summary Judgment
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In a somewhat terse opinion, the court in Tantaros v. Fox News Network, LLC et al, 2022 WL 4614755 (S.D.N.Y. Sept. 30, 2022) held that New York’s relatively recently-enacted CPLR § 7515 is inconsistent with (and preempted by) the Federal Arbitration Act, and dismissed plaintiff’s sexual harassment case. The court reasoned: In interpreting the Federal…

Read More Andrea Tantaros’ Sexual Harassment Case Dismissed; Federal Arbitration Act Preempts State Law Arbitration Statute
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In a recent case, Walker v. United Parcel Service, Inc., 2022 WL 4474248 (M.D.Ga. Sept. 26, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Plaintiff presented enough evidence to create a triable issue of fact as to whether the…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; No Basis for Imputing Liability to Employer
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