GRAHAM v. ABRUZZI'S ITALIAN CUCINA, 2:24-cv-00821

Plaintiff Jordan Graham worked at Abruzzi’s Italian Cucina, owned by Amato and Beverly Pasquarelli, from 2017 to May 2022 (with a brief break).
Graham claimed she was sexually harassed by Mr. Pasquarelli, who allegedly made inappropriate comments and touched her buttocks multiple times.
Graham alleges the harassment intensified over time, leading to her eventual resignation in May 2022 after a final incident.
She filed suit alleging hostile work environment and sexual harassment under Title VII and the Pennsylvania Human Relations Act (PHRA).
Defendants moved to dismiss: PHRA claim as time-barred, and Title VII claims against the individual defendants (Mr. and Mrs. Pasquarelli).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the PHRA claim timely?	Graham did not oppose dismissal.	PHRA claim is time-barred as complaint filed after deadline.	PHRA claim dismissed with prejudice.
Individual liability under Title VII	Title VII claim applies to individuals	Individuals cannot be held liable under Title VII.	Title VII claim dismissed as to individual defendants.
Employer liability under Title VII	Abruzzi’s is a proper defendant.	Only the employer, not individuals, can be liable under Title VII	Title VII claim survives only against the employer.
PHRA exhaustion as to Mrs. Pasquarelli	Graham conceded non-exhaustion.	Not exhausted; no administrative remedy sought.	Claim dismissed with prejudice.

Bell Atl. Corp. v. Twombly, 550 U.S. 544 (pleading standard for plausibility in motions to dismiss)
Ashcroft v. Iqbal, 556 U.S. 662 (confirmation of plausibility standard for pleadings)
Sheridan v. E.I. DuPont de Nemours and Co., 100 F.3d 1061 (no individual liability under Title VII)
Woodson v. Scott Paper Co., 109 F.3d 913 (timeliness requirement for PHRA actions)
Kost v. Kozakiewicz, 1 F.3d 176 (Rule 12(b)(6) motion to dismiss standard)