2022

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Employment discrimination claims are often difficult to assert, since it is not necessarily true that every wrong visited upon an employee will give rise to an actionable legal claim. Consider, for example, an African American employee’s discovery of a “noose” – either made out of a rope or fashioned out of work materials – in…

Read More Noose Incident Insufficient to Survive Summary Judgment on Race-Based Hostile Work Environment Claim
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In Holston v. Janet Yellen, Secretary of Treasury, No. 20-3533, 2022 WL 4355289 (D.D.C. Sept. 20, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After outlining the plaintiff’s allegations, the court explained: Taking the allegations described…

Read More Federal Employee’s Race-Based Hostile Work Environment Claim Survives Dismissal
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In Cloud v. Louis Dejoy et al, No. 19-cv-04638-TSH, 2022 WL 4349832 (N.D.Cal. Sept. 19, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: The Court finds Cloud has offered sufficient…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Allegations Include Requesting Hugs and Fondling Hair
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In Weekes v. Jetblue Airways Corporation et al, No. 21-CV-1965 (MKB), 2022 WL 4291371 (E.D.N.Y. Sept. 16, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s disability-related hostile work environment claims asserted under the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Disability (Asthma)-Based Hostile Work Environment Claim Sufficiently Alleged Against JetBlue
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In Torres-Medina v. Wormuth, No. 21-1362 (SCC), 2022 WL 3557049 (D.Puerto Rico August 18, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim. From the decision: Torres has shown that she is disabled and that the MSC Management harassed her. To determine whether the harassment did, as she says,…

Read More Disability-Based Hostile Work Environment Claim, Based in Part on Alleged False Accusations of Misconduct, Survives Dismissal
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In EEOC v. SDI of Mineola, LLC d/b/a Sonic Drive In, No. 6:21-CV-00226-JCB-KNM, 2022 WL 4127167 (E.D.Tex. Aug. 17, 2022), the court, inter alia, recommended the denial of defendants’ motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. The court explained:…

Read More Hostile Work Environment Sexual Harassment Claim Against Texas Sonic Drive In Should Proceed, Holds Federal Magistrate Judge
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In Stern v. Denis McDonough, Secretary of Veterans Affairs, 5:18-CV-71 (MAD/TWD), 2022 WL 4236298 (N.D.N.Y. Sept. 14, 2022), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s gender-based hostile work environment claim. After summarizing the black-letter law, the court applied it to the facts, as follows: Plaintiff fails to establish that any…

Read More Sex-Based Hostile Work Environment Claim Dismissed on Summary Judgment; Sheep-Sex and Other Comments Notwithstanding
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In White v. Manhattan and Bronx Surface Transit Operating Authority et al, 18 Civ. 3627 (GBD), 2022 WL 4227289 (S.D.N.Y. Sept. 13, 2022), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment claim. Applying the law, the court held: After reviewing the entire record and assessing the facts…

Read More Sex-Based Hostile Work Environment Claim Dismissed Against MABSTOA
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In Ball v. Marriott International, Inc., No. 19-cv-10593 (LJL), 2022 WL 4133207 (S.D.N.Y. Sept. 12, 2022), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive as to how courts address the scenario…

Read More Waitress’s Hostile Work Environment Sexual Harassment Claim, Based on Alleged Conduct by Hotel Guest, Not Imputed to Marriott
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In Prude v. Logistics One Transport, Inc., No. 1:20-cv-0674, 2022 WL 4120266 (N.D.N.Y. Sept. 9, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights Law.…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal; “Banana” Incident Was, in Context, Sufficiently “Severe”
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