Employment Discrimination

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In Weadd v. Thomas, 2023 WL 7385815 (E.D.La. Nov. 8, 2023), the court, inter alia, dismissed plaintiff’s sex discrimination claim, asserted under Title VII of the Civil Rights Act of 1964, due to her failure to exhaust administrative remedies at the U.S. Equal Employment Opportunity Commission. From the decision: Here, Ms. Weadd’s EEOC charge only…

Read More Title VII Sex Discrimination, Hostile Work Environment Claims Held Not Administratively Exhausted Before the EEOC
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In Sunkins v. Hampton Roads Connector Partners, No. 2:23cv91, 2023 WL 7411761 (E.D.Va. Nov. 9, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. Plaintiff’s allegations are based on alleged sexual comments made to her by…

Read More Hostile Work Environment Sexual Harassment Claims Survive Dismissal; Allegations Included Supervisor’s Direct Sexual Proposition Following Complaint
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In Ayers v. Infinity Dental Management LLC, 2023 WL 7386676 (E.D.Pa. Nov. 8, 2023), the court granted defendant’s motion to dismiss plaintiff’s claims of employment discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: Because Ayers asserts that he was terminated from his employment, he has satisfied the adverse…

Read More Failure to Allege Membership in Protected Class Dooms Wrongful Termination, Hostile Work Environment Claims
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In Ali-Hasan, M.D. v. St. Peter’s Health Partners Medical Associates, P.C. et al, 2023 WL 7320860 (2d Cir. Nov. 7, 2023), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s award of summary judgment to the defendants on plaintiff’s sex discrimination asserted under Title VII of the Civil Rights Act of…

Read More 2d Circuit Affirms Dismissal of Title VII Sex Discrimination Complaint by Male Target of Anonymous Complaint of Sex Discrimination,
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In Alatorre v. Ole Mexican Foods, Inc., Case No. CIV-21-01057-JD, 2023 WL 7308117 (W.D.Okla. Nov. 6, 2023), the court, inter alia, held that plaintiff sufficiently alleged hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964, and thus denied defendant’s motion to dismiss. From the decision: Here, Alatorre has pled…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Allegations Included Sexual Comments and Attempted Touching
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In Anil v. The City of New York, No. 157736/2022, 2023 WL 7130790 (N.Y. Sup Ct, New York County Oct. 23, 2023), the court, inter alia, held that plaintiff sufficiently alleged age discrimination and retaliation under the New York State and City Human Rights Laws. As to plaintiff’s state law claim, the court explained: Plaintiff…

Read More Age Discrimination Claims, Based on Alleged Millennial Hiring Preference and Promotion of Less Experienced Younger Co-Workers, Survive Dismissal
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The old saying that “the devil is in the details” applies, with especial force, to hostile work environment sexual harassment claims. That said, as one court recently explained, the work environment need not be “hellish” in order to make out a claim. In Brinson v. Eagle Express Lines, Inc., No. 18-cv-3733, 2023 WL 6312400 (N.D.Ill.…

Read More Sexual Harassment Claim Survives Summary Judgment; “Hellishness” Not Required
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In Wilson et al v. City of Greenville, Mississippi et al, No. 4:22CV64-GHD-DAS, 2023 WL 7021295 (N.D.Miss. Oct. 25, 2023), the court, inter alia, denied defendants’ motion for judgment on the pleadings as to plaintiffs’ claims of retaliatory hostile work environment asserted under Title VII of the Civil Rights Act of 1964. From the decision:…

Read More Title VII Retaliatory Hostile Work Environment Claim Survives Dismissal; Alleged Harassment Occurred Shortly After EEOC Charge
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In Wilson et al v. City of Greenville, Mississippi et al, No. 4:22CV64-GHD-DAS, 2023 WL 7021295 (N.D.Miss. Oct. 25, 2023), the court, inter alia, denied defendants’ motion for judgment on the pleadings as to plaintiffs’ claims of hostile work environment based on sex and sexual orientation asserted under Title VII of the Civil Rights Act…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Survives Dismissal; Allegations Include Remarks About Sexual Orientation
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In Bethea v. First-Citizens Bank & Trust Company, 2023 WL 6284425 (D.S.C. Sept. 27, 2023), the court, inter alia, granted the defendant’s motion to dismiss plaintiff’s hostile work environment claim, asserted under Title VII of the Civil Rights Act of 1964, on the ground that it was not “administratively exhausted” at the U.S. Equal Employment…

Read More Title VII Hostile Work Environment Claim Dismissed as Not “Administratively Exhausted” at the EEOC
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