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…
Read More Same-Sex Sexual Harassment Claim DismissedIn 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 JudgmentIn Agosto v. New York City Department of Education et al, 2020 WL 7086060 (2d Cir. Dec. 4, 2020), the court, inter alia, affirmed the dismissal of plaintiff high school teacher’s same-sex sexual harassment/hostile work environment claim based on the alleged conduct of the principal (Ureña). In support of his claim that he suffered a…
Read More Same-Sex Hostile Work Environment/Sexual Harassment Claim Against NYCDOE Properly DismissedIn 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…
Read More Same-Sex Sexual Harassment Claim DismissedIn 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 JudgmentIn 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 CaseTitle 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,…
Read More Same-Sex Sexual HarassmentIn 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 DefendantIn CHRISTIAN ESPINAL, Plaintiff, v. THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, RAMON MARTINEZ, Individually, KIM KADEL, Individually, & TERRI CALDES, Individually, Defendants., No. 16 CIV. 4100 (CM), 2016 WL 6561406 (S.D.N.Y. Oct. 24, 2016), the court held that issues of fact precluded dismissal of plaintiff’s sexual harassment claims. Specifically, the court…
Read More Fact Issues Preclude Dismissal of Title VII Sexual Harassment and NYCHRL Aiding and Abetting Claim Against Columbia University; Alleged Release Not DispositiveIn a lawsuit filed on Sept. 26, 2016, captioned Johnson v. Haagen-Dazs Shoppe Co., Inc., plaintiff alleges, among other things, that plaintiff “was subjected to repeated unwanted verbal and physical sexual harassment by the store manager and his direct supervisor”, defendant Kevin Hickman. The complaint alleges, for example, that Hickman frequently sent plaintiff “sexually explicit text messages…
Read More Same-Sex Sexual Harassment Lawsuit Against Haagen Dazs Franchisee