Employment Discrimination

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In Carey v. Chadds Ford Tavern, 20-4236, 2021 WL 5448960 (E.D. Pa Nov. 22, 2021), the court 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 and state law. In concluding that the alleged conduct was “severe or pervasive”,…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment Against PA Tavern
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In Dikambi v. City University of New York, Dr. Carlton J. Adams, 19-CV-9937, 2021 WL 5518187 (S.D.N.Y. Nov. 24, 2021), plaintiff asserted claims of gender discrimination, sexual harassment, and retaliation in violation of Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and state law. The court…

Read More Hostile Work Environment Claim Stated; Court Addresses Novel Issue Regarding “Supervisor” Status
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In Equal Employment Opportunity Commission v. Al Meghani Enterprise, Inc. d/b/a/ The Wireless Solutions, SA-21-CV-00760-JKP, 2021 WL 5450147 (W.D.Tex. Nov. 19, 2021), the court, inter alia, held that plaintiff sufficiently alleged “quid pro quo” sexual harassment under Title VII of the Civil Rights Act of 1964. From the decision: With regard to the quid pro…

Read More Quid Pro Quo Sexual Harassment Claim Sufficiently Alleged; Termination Followed Rejection of Sexual Advances
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In Pichardo v. Carmine’s Broadway Feast Inc., No. 1467 4, 2021-00050, 2021 WL 5456247 (N.Y.A.D. 1 Dept. Nov. 23, 2021), the court, inter alia, held (in part) that summary judgment was improperly granted to defendant on plaintiff’s race/color-based hostile work environment claim under the New York City Human Rights Law. After concluding that certain aspects…

Read More Race/Color Hostile Work Environment Claim Survives, In Part, Against Carmine’s Restaurant
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In Walker v. Triborough Bridge and Tunnell Authority et al, 2021 WL 5401483 (S.D.N.Y. Nov. 18, 2021), the court, inter alia, dismissed plaintiff’s claims of race and gender discrimination. This case nicely illustrates a fundamental premise of anti-discrimination law, namely: Discrimination has no place in the workplace. Anti-discrimination laws protect employees when they are subjected…

Read More Hostile Work Environment Claims Dismissed; Abusive Conduct Was Not Connected to Gender or Race
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In Lum v. Consol. Edison, No. 160027/2020, 2021 WL 5331547 (N.Y. Sup Ct, New York County Nov. 16, 2021), the court, inter alia, dismissed plaintiff’s national origin discrimination claim asserted under the New York State and City Human Rights Laws. Plaintiff alleged, among other things, that plaintiff’s co-worker made derogatory comments to him (e.g., “open…

Read More National Origin (Chinese) Discrimination Claim Dismissed Against Con Edison
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In Fried v. Wynn Las Vegas, LLC, 20-15710, 2021 WL 5366989 (9th Cir. (Nev.) Nov. 18, 2021), the court reversed and remanded a district court decision granting 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. Plaintiff, a male manicurist…

Read More Sexual Harassment Hostile Work Environment Claim Survives Against Wynn Hotel
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In Clinard v. Washington Regional Medical Center, 5:20-CV-05188, 2021 WL 4776694 (W.D. Ark. 2021), the court, inter alia, dismissed plaintiff’s claim of hostile work environment sexual harassment, finding that the alleged harassment was not “severe or pervasive”, which is the standard under Title VII of the Civil Rights Act of 1964. From the decision: Here,…

Read More Sexual Harassment (Hostile Work Environment) Claim Dismissed; “Dirty Looks” Insufficient
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On November 16, 2021, Congress held a hearing at which several victims of sexual harassment/assault – including actor Eliza Dushku – testified about their negative experiences with forced arbitration. Their stories are horrific; their bravery admirable. While New York has enacted legislation (Section 7515 of the Civil Practice Law & Rules) to curb forced arbitration…

Read More Sexual Harassment/Assault Victims Testify Against Forced Arbitration
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In Knope v. Merrick B. Garland et al, 20-cv-3274, 2021 WL 5183536 (2d Cir. Nov. 9, 2021), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s sex- and disability-based hostile work claims asserted under Title VII of the Civil Rights Act of 1964 and the Rehabilitation Act, respectively.…

Read More Hostile Work Environment Claims Properly Dismissed; “Sporadic Conflicts” Insufficient
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