Constructive Discharge

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In 14 Street Medical, P.C. v. Khan, No. 152388/2023, 2023 WL 7924835 (N.Y. Sup Ct, New York County Nov. 16, 2023), the court, inter alia, granted the defendant’s (here, the employee, sued for breach of contract) counterclaim for “constructive discharge” under the New York State and City Human Rights Laws. In sum, the plaintiff (a…

Read More Constructive Discharge Claims Dismissed; Alleged “Unpleasant” and “Difficult” Working Conditions Were Insufficient
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In Shah v. Shirley Ryan Abilitylab, 2023 WL 6388228 (N.D.Ill. Sept. 29, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment and constructive discharge claims. From the decision: To allege a plausible hostile work environment claim, the environment must be “both subjectively and objectively offensive,” and the conduct constituting the…

Read More “Routine Annoyances” Did Not Give Rise to Hostile Work Environment, Constructive Discharge Claims
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In Mayorga v. Ira Greenberg, NYS Division of Homeland Security and Emergency Services, 22-CV-387 (AMD) (RML), 2023 WL 6307994 (E.D.N.Y. Sept. 28, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of discrimination (based on gender, sexual orientation, race and national origin), constructive discharge, and hostile work environment sexual harassment under the…

Read More Discrimination, Constructive Discharge, Hostile Work Environment, Sexual Harassment Claims Sufficiently Alleged Against NYS Division of Homeland Security and Emergency Services
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In Tiffani Kerns v. RCS Trucking & Freight, Inc., No. 1:22-cv-1200 (RDA/IDD), 2023 WL 4868555 (E.D.Va. July 31, 2023), the court denied defendant’s motion to dismiss plaintiff’s claims of hostile work environment sexual harassment (as well as constructive discharge) asserted under the Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged…

Read More Sexual Harassment Claim Survives Dismissal; Court Rejects Defendant’s “Myopic” Interpretation of the Hostile Work Environment Statement
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In Schwartz v. Allstate Insurance Company, 2023 WL 2742059 (E.D.N.Y. March 31, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s religion and age-based hostile work environment claims. From the decision: Even if the Court were to consider the entire record, Plaintiff’s hostile work environment claim consists, at best, of Ferrara’s single “old…

Read More Age/Religion-Based Hostile Work Environment Claims Dismissed, Notwithstanding “Old Jewish Guy” Comment
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In Bond v. New York City Health and Hospitals Corporation, No. 160658/13, 2022-00688, 35, 2023 N.Y. Slip Op. 01939, 2023 WL 2919893 (N.Y.A.D. 1 Dept. Apr. 13, 2023), the court, inter alia, affirmed the lower court’s denial of of defendant’s motion for summary judgment dismissing plaintiff’s hostile work environment/sexual harassment claim under the New York…

Read More Hostile Work Environment/Sexual Harassment Claim Survives Summary Judgment; Evidence Included Criticism Following Rejection of Sexual Advances
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In White–Barnes v New York State Department of Corrections and Community Supervision, No. 535384, 2023 N.Y. Slip Op. 01561, 2023 WL 2602608 (N.Y.A.D. 3 Dept. Mar. 23, 2023), the court modifying and reversing a lower order dismissing, on summary judgment, plaintiff’s claim of an age-based hostile work environment leading to her constructive discharge. In sum,…

Read More “Grandma” Comments Result in Age-Based Discrimination, Hostile Work Environment, Constructive Discharge Claims Being Resurrected From Summary Judgment Dismissal
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In Simmons v. Transforce, Inc., 2023 WL 2192239 (S.D.Miss. Feb. 23, 2023), the court granted defendant’s motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c). From the decision: Plaintiff has not alleged sufficient facts to state a hostile work environment claim. His allegations that he was bullied and harassed and treated…

Read More Hostile Work Environment Claim Dismissed; Conclusory Allegations of Bullying and Harassment Held Insufficient
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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 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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