Plaintiff Defeats Summary Judgment (Sexual Harassment)

In Matthews v. Detroit Public Schools Community District, 2021 WL 4427176 (E.D.Mich., 2021), a Michigan federal court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment/hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. Noting U.S. Supreme Court precedent that whether harassing conduct is sufficiently “severe…

Read More Title VII Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment; Plaintiff Alleged 22 Incidents Over 1.5 Years
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In Bearer v. Teva Pharmaceuticals USA, Inc. et al, 19-5415, 2021 WL 4145053 (E.D.Pa. Sept. 8, 2021), the court, inter alia, denied defendant’s motion for summary judgment on her hostile work environment / sexual harassment claim arising from defendant’s President and CEO slapped plaintiff’s buttocks. The court distinguished this case from one in which the…

Read More Sexual Battery / Hostile Work Environment (Butt-Slapping) Claim Survives Summary Judgment Against Teva Pharmaceuticals
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In Thompson v. South Amboy Comprehensive Treatment Center, 2021 WL 3828833 (D.N.J. Aug. 27, 2021), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. Here, plaintiff alleges that her former supervisor (Edwin Rivera) sexually assaulted her during a weekend outing in Atlantic City, and that her…

Read More Single Incident of Alleged Sexual Assault Supports Sexual Harassment / Hostile Work Environment Claim
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In Sansone v. Jazz Casino Company, LLC D/B/A Harrah’s Casino, No. 20-30640, 2021 WL 3919249 (5th Cir. Sept. 1, 2021), the U.S. Court of Appeals for the Fifth Circuit reversed the dismissal of plaintiff’s hostile work environment / sexual harassment claim. Plaintiff – a baccarat dealer – alleged, among other things, that she was harassed…

Read More Customer-Based Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment Against Harrah’s
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In Kane v. Club Helsinki, 18-cv-01355, 2021 WL 2457150 (N.D.N.Y. June 16, 2021), the court denied defendants’ motion to dismiss plaintiff’s quid pro quo sexual harassment claim. In sum, plaintiff, a bartender, alleges that after he rebuffing sexual advances from defendant’s director of operations (Sullivan), his hours were cut and he was terminated. The court…

Read More Quid Pro Quo Sexual Harassment Claim Against Club Helsinki Survives Summary Judgment; Inconsistent Reasons For Termination Created Triable Issues of Fact as to Pretext
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In Tirschwell v TCW Group Inc., No. 13923, 150777/18, 2020-03192, M-1286, 2021 N.Y. Slip Op. 03397, 2021 WL 2144858 (N.Y.A.D. 1 Dept., May 27, 2021), the court, inter alia, held that plaintiff’s sexual harassment claim survived summary judgment. From the decision: The City HRL gender discrimination claim (claim 2) was properly sustained as against Ravich…

Read More Gender Discrimination Claim Survives Summary Judgment Against TCW Group et al
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In Domingues v. Barton Chevrolet Cadillac et al, 18-CV-07772, 2021 WL 637016 (S.D.N.Y. Feb. 17, 2021), the court, inter alia, denied defendant Barton Chevrolet’s motion for summary judgment on plaintiff’s sexual harassment/hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. The…

Read More Sexual Harassment Hostile Work Environment Survives Summary Judgment; Breast Touching & Comments Presented Triable Issues of Fact
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In Thompson v. Corizon Health, Inc., et al, 18 Civ. 7139, 2021 WL 105767 (S.D.N.Y. Jan. 12, 2021), the court, inter alia, held that plaintiff presented enough facts to survive summary judgment on her sexual harassment claim under the New York City Human Rights Law. From the decision: The parties do not dispute that Plaintiffs…

Read More Sexual Harassment Case, Arising From Inmate Harassment, Survives Summary Judgment
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In a recent decision, Simmons v. Safeway, Inc. d/b/a Haggen Food and Pharmacy et al., 19-35715 (9th Circuit Aug. 5, 2020) (deemed “not for publication”),[1]General information about this practice here the U.S. Court of Appeals for the Ninth Circuit reversed a summary judgment granted to defendant in plaintiff’s sexual harassment case asserted under Title VII…

Read More Ninth Circuit Reinstates Sexual Harassment Case Against Safeway
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In Wang v. Air China Limited and LB Oceanfront Corp., 17-CV-6662, 2020 WL 1140458 (E.D.N.Y. March 9, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment claim. From the decision: After assessing the totality of the alleged conduct, the relevant factors, and the Second Circuit’s caution against “setting the…

Read More Sexual Harassment Claim Survives Summary Judgment
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