2022

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The “Jerk Boss” is a stock character of the American workplace; one would be hard-pressed to find someone who has not experienced (or a work-centric fictional setting that does not include at least) one. And what is more indicative of a “hostile” workplace than a boss who loudly uses profanity and insulting language at work? Such…

Read More Sex-Based Hostile Work Environment Claim Dismissed; Alleged Profane, Insulting Language Insufficient
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In Alkins v. Sheriff of Gwinnett County, No. 21-13746, 2022 WL 3582128 (11th Cir. Aug. 22, 2022), the U.S. Court of Appeals for the Eleventh Circuit reversed a lower court’s order granting summary judgment to defendant on plaintiff’s claim of retaliation asserted under Title VII of the Civil Rights Act of 1964. Here, the plaintiff,…

Read More Report of Unwanted Kiss Was “Protected Activity,” Warranting Reversal of Summary Judgment on Retaliation Claim
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In Miro v. City of Bridgeport, No. 3:20CV00346(SALM), 2022 WL 3284400 (D.Conn. Aug. 11, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of sexual harassment – alleged under the rubric of “hostile work environment” and “quid pro quo” theories – in violation of Title VII of the Civil Rights Act of…

Read More Hostile Work Environment and Quid Pro Quo Sexual Harassment Claims Survive Dismissal
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In Greenbaum v. N.Y.C. Transit Auth., et al., 21-1777-cv (2d Cir. Aug. 15, 2022) (Summary Order), the U.S. Court of Appeals for the Second Circuit vacated the lower court’s order granting summary judgment to defendant on plaintiff’s claims asserted under the Americans with Disabilities Act (ADA) – including his failure-to-accommodate claim. Among other things, the…

Read More ADA Failure to Accommodate Disability (Wrist Tendonitis) Claim Survives Summary Judgment; Decision Below Vacated
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In Harris v. Mayorkas, No. 21-cv-1083 (GMH), 2022 WL 3452316 (D.D.C. Aug. 18, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under title VII of the Civil Rights Act of 1964. After summarizing the applicable standard, the court applied it to the facts as follows: Here, none of Plaintiff’s claims of…

Read More Hostile Work Environment Claim Dismissed; Merely “Uncivil” Conduct Insufficient
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In Syeed et al v. Bloomberg L.P., 1:20-cv-7464-GHW, 2022 WL 3447987 (S.D.N.Y. Aug. 17, 2022), the court, inter alia, denied (in part) defendant’s motion to dismiss plaintiff’s claims of retaliation asserted under the New York State and City Human Rights Laws.[1]The court dismissed plaintiff’s claims asserted under Title VII of the Civil Rights Act of…

Read More Retaliation Claims Sufficiently Alleged, in Part, Against Bloomberg L.P.
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In Steinberg v. Capgemini America, Inc., 2022 WL 3371323 (E.D.Pa. Aug. 16, 2022), the court granted defendant’s motion to compel arbitration and dismiss plaintiff’s complaint alleging sexual harassment, in light of an arbitration agreement between the parties. The crux of the parties’ dispute was the applicability of the Ending Forced Arbitration of Sexual Assault and…

Read More Sexual Harassment Claims Against Capgemini Must Be Resolved in Arbitration; Arbitration-Limiting Statute Inapplicable
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In Chandler v. La-Z-Boy, Inc., No. 5:21-cv-05101-JMG, 2022 WL 3357674 (E.D.Pa. Aug. 15, 2022), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim. Plaintiff based this claim (as well as her discrimination claim) on her manager allegedly referring to her as a “colored girl.” The court explained: A hostile work environment claim under…

Read More Race-Based Hostile Work Environment Claim, Based on Alleged “Colored Girl” Comment, Dismissed
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In Walker v. Triborough Bridge and Tunnel Authority, No. 160839/2021, 2022 WL 3227920 (N.Y. Sup Ct, New York County Aug. 09, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of gender- and race-based discrimination and retaliation claims, as well as her claim under the Gender Motivated Violence Act. As to the…

Read More Gender Discrimination, Race Discrimination, Retaliation, and Gender Motivated Violence Act Claims Sufficiently Alleged Against Triborough Bridge & Tunnel Authority
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In Strobel v. Westfield State University, No. 3:21-cv-30074-KAR, 2022 WL 3214965 (D.Mass. August 9, 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. In sum, plaintiff, who was employed by defendant as a maintainer, alleged that…

Read More Sexual Harassment Claim, Including Alleged Buttocks-Grabbing, Sufficiently Alleged
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