New Court Ruling Rejects Fox Chase, Temple Sex Harassment, Retaliation Defenses

Malvern, PA – A federal judge has ruled that key sex discrimination and retaliation claims brought against Fox Chase Cancer Center, Temple University Health System, Temple University, and senior official Dr. Jonathan Chernoff can proceed, despite the defendants’ attempt to have the case dismissed.

The lawsuit, filed in October of 2024 by Attorney Julie A. Uebler of Uebler Law LLC in the U.S. District Court for the Eastern District of Pennsylvania, alleges that Alana O’Reilly, Ph.D., an associate professor at Fox Chase, was subjected to quid pro quo sexual harassment and unlawful retaliation by Dr. Chernoff, the Cancer Center’s director, and that these actions were tolerated and perpetuated by the institutions involved. The defendants filed the motion to dismiss in December 2024. 

In a new decision, the court denied the defendants’ motion to dismiss Dr. O'Reilly’s claims of quid pro quo sexual harassment and retaliation, and also upheld Dr. O’Reilly’s right to pursue retaliation claims directly against Dr. Chernoff in an individual capacity. Although one portion of the original sex harassment claim—one based on a hostile work environment legal theory—was dismissed, the court recognized that the allegations presented were sufficient to proceed under the “quid pro quo” legal theory.

“We are very pleased that the court has denied defendants’ efforts to preclude Dr. O’Reilly from continuing to prosecute her claims for both sex harassment and retaliation against the Fox Chase and Temple defendants and Dr. Chernoff,” said Uebler. “While we are disappointed that the court found that Dr. O’Reilly’s allegations were insufficient to also state a sex harassment claim based on the ‘hostile environment’ legal theory, we look forward to holding these defendants accountable for all of these illegal actions when we present the facts to a jury this fall.”

The trial is scheduled to begin November 4, 2025.

The case is captioned Alana M. O’Reilly, Ph.D. v. The Institute for Cancer Research, Temple University Health System, Temple University, and Jonathan Chernoff, M.D., Ph.D., Civil Action Case No. 2:24-cv-05315.

Any employees who believe they have been subjected to harassment or retaliation similar to that of the plaintiff in this action may contact Uebler Law LLC to discuss their own legal options. Contact the law firm at ueblerlaw.com/contact-us. 

Uebler Law provides advice and negotiation services to individuals in Pennsylvania and New Jersey seeking to protect their rights or maximize their employment opportunities in the workplace. When needed, the firm levels the playing field through litigation of claims to pursue justice for individuals and hold employers accountable for violating workers’ rights. For more information, visit ueblerlaw.com. Results may vary depending on your particular facts and legal circumstances.