Sexual Harassment

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In Hernandez v. Kwiat Eye and Laser Surgery, PLLC, 2023 WL 372105 (N.D.N.Y. Jan. 24, 2023), the court, inter alia, dismissed plaintiff’s sex-based hostile work environment claims. This is, unfortunately, yet another example of unpleasant, arguably sex-based conduct – when viewed through the lens of the applicable legal standard – does not rise to the…

Read More Sex-Based Hostile Work Environment Claims Dismissed; “Vagina” Comments Insufficient
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In Yost v. Everyrealm, Inc. et al, No. 22 Civ. 6549 (PAE), 2023 WL 2224450 (S.D.N.Y. Feb. 24, 2023), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s sexual harassment claim asserted under the (extremely lenient) New York City Human Rights Law. After summarizing the “black letter” law pertaining to this claim, the court…

Read More Sexual Harassment Claims Dismissed Notwithstanding Alleged “Sexual Gossip”
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In Morgan v. Mylan Pharmaceuticals Inc., 2023 WL 2027101 (N.D.W.Va. Feb. 15, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. This case illustrates the relatively high bar facing plaintiffs asserting, e.g., sexual harassment claims under Title VII, and…

Read More Sexual Harassment Allegations, Based on Alleged Inappropriate Comments by Union Representatives, Dismissed
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In Ares v. Aerotek, Inc. et al, 2023 WL 1980484 (W.D.Tex. Feb. 13, 2023), the court, inter alia, denied defendant’s motion for judgment as a matter of law on plaintiff’s co-worker sexual harassment claim following a jury verdict in her favor. The court held, specifically, that there was sufficient evidence introduced at trial to support…

Read More Title VII Co-Worker Sexual Harassment Verdict Stands; Evidence Indicated Employer Knew or Should Have Known of the Harassment and Failed to Take Prompt Remedial Action
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In Aponte v. Clinton Street Pizza Inc., 2023 WL 1795189 (S.D.N.Y. Feb. 7, 2023), the court, inter alia, granted plaintiffs’ application for a default judgment on their claims of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. As to…

Read More Court Awards Plaintiffs Default Judgment on Claims of Sexual Harassment Against Clinton Street Pizza
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In In re McDonald’s Corporation Stockholder Derivative Litigation, 2023 WL 387292 (Del.Ch. Jan. 26, 2023), the court, inter alia, held that the stockholder plaintiffs successfully alleged a claim of breach of fiduciary duty against David Fairhurst, who served as Executive Vice President and Global Chief People Officer of McDonald’s Corporation until his termination. This case…

Read More McDonald’s Stockholders’ Duty of Loyalty Claim, Arising From Executive Vice President’s Alleged Acts of Sexual Harassment, Survives Dismissal
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In Walker v. Northern Pipe & Supply, LLC, Dkt. No. HHD-CV-19-6119581-S, 2023 WL 196032 (Conn. Super. January 11, 2023), the court, inter alia, held that plaintiff presented sufficient evidence to survive summary judgment on her hostile work environment sexual harassment  and other related claims. From the decision: The defendants argue that there is insufficient evidence…

Read More Sexual Harassment, Constructive Discharge, Negligent Hiring/supervision Claims Survive Summary Judgment; Evidence Included Penis, Boobs, Bikini Comments
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In Zepeda v. Halftime Bar & Grill Corp., 2023 WL 266504 (E.D.N.Y. Jan. 18, 2023), a hostile work environment/sexual harassment case, the court, inter alia, awarded plaintiff $25,000 in emotional distress damages following defendants’ default. From the decision: For “garden variety” emotional distress claims, where a plaintiff did not seek medical treatment but the plaintiff’s…

Read More Sexual Harassment Plaintiff Awarded $25,000 in Emotional Distress Damages Following Defendants’ Default
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In Stripling v. Ingram Barge Company, LLC, No. 3:21-cv-00654, 2022 WL 17475764 (M.D.Tenn. Dec. 6, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: A prima facie claim for discrimination arising out sexual…

Read More Sexual Harassment (Hostile Work Environment) Claim Sufficiently Alleged; Court Rejects Defense Argument Focusing on “Discrete” Acts
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In Wallace v. Performance Contractors, Incorporated, 2023 WL 21856 (5th Cir. Jan. 3, 2023), the court reversed the lower court’s order dismissing plaintiff’s hostile work environment sexual harassment claim. As to whether the alleged conduct was severe or pervasive, the court explained: We agree with the district court that a reasonable jury could find that…

Read More Sexual Harassment Claim Survives Summary Judgment; Conduct Was “Severe or Pervasive” and Defendant Was Not Entitled to Faragher/Ellerth Defense
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