Employment Law

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In Lowery v. Louis DeJoy, Postmaster General, United States Postal Service, Great Lakes Area Operations, No. 1:21-cv-01871, 2023 WL 3791467 (S.D. Ind. June 2, 2023), the court granted defendant’s motion for summary judgment dismissing plaintiff’s race-based hostile work environment claim. From the decision: Mr. Lowery has not shown that his work environment was objectively offensive…

Read More Race-Based Hostile Work Environment Claim Against USPS Dismissed
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In Longhorn v. Oregon Department of Corrections, Civ. No. 6:21-cv-01267-MC, 2023 WL 3602780 (D.Or. May 23, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. After summarizing the black letter law applicable to this claim, the court applied it to the facts, as follows: Plaintiff contends that…

Read More Sexual Harassment, Based on Alleged Misogynistic Language and Sexual Rumors, Survives Summary Judgment
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In Brickhouse v. School District of Philadelphia et al, 2023 WL 3739062 (E.D.Pa. May 31, 2023), the court, inter alia, held that plaintiff sufficiently pleaded a race-based hostile work environment claim. In sum, the court held that the plaintiff “alleges just enough to state a plausible hostile work environment claim. Her supervisors frequently subjected her…

Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged Against Philadelphia School District, Court Holds
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In Parms v. Morgan Truck Body, LLC, Case No. 5:22-cv-2095, 2023 WL 3763578 (N.D. Ohio June 1, 2023), the court held that plaintiff’s EEOC charge sufficiently set forth a claim of sexual harassment and, thus, that that claim was administratively exhausted. The court explained: Generally, a plaintiff cannot bring claims in a lawsuit that were…

Read More Sexual Harassment Claim Administratively Exhausted at the EEOC, Court Rules
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In Yu et al v. Shanghai Dumpling, Inc. et al, 2023 WL 3728347 (S.D.N.Y. May 30, 2023), the court, inter alia, granted plaintiff’s motion for default judgment on plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act. From the decision: Plaintiff’s first cause of action asserts a claim for employment discrimination…

Read More Age Discrimination (Termination) Claim Sufficiently Alleged Against Shanghai Dumpling; Default Judgment Awarded
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In Pisano v. Reynolds, No. 653347/2022, 2023 WL 3601527, 2023 N.Y. Slip Op. 31741(U) (N.Y. Sup Ct, New York County May 23, 2023), the court, inter alia, held that New York Labor Law § 740 – New York’s “whistleblower” statute – did not apply retroactively. Notably, the New York legislature recently broadened this statute to…

Read More Court: NY Labor Law § 740 Not Applied Retroactively; Events Forming Basis For Claims Preceded Statute’s Substantial Expansion
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In Brown v. Denis R. McDonough, in his official capacity as Secretary of Veterans Affairs, 2023 WL 3646933 (D.D.C., May 25, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim(s). The court explained: Although it is clear from her allegations that Ms. Brown had an acrimonious relationship with several…

Read More “Acrimonious” Relationship With Supervisors Did Not Constitute Hostile Work Environment, Court Holds
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In Bobowicz v. Holy Name Medical Center, Inc., 2023 WL 2579058 (N.J.Super.A.D. March 21, 2023), the court affirmed the dismissal of plaintiff’s sexual harassment claim. From the decision: Plaintiffs assert this case is subject to the Lehmann standard, which concerns sexual harassment that creates a hostile work environment. Lehmann v. Toys ‘R’ Us, Inc., 132…

Read More Sexual Harassment Claim Properly Dismissed in Light of Consensual Nature of Relationship, Court Holds
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In Rabinowitz v. St. Joseph’s Regional High School, Roman Catholic Archdiocese of Newark, Civil Action No. 18-16498 (JXN) (ESK), 2023 WL 3597633 (D.N.J. May 23, 2023), the court denied defendants’ motion for summary judgment on plaintiff’s claim of religion-based hostile work environment under Title VII of the Civil Rights Act of 1964 and the New…

Read More Student-on-Teacher Anti-Semitic-Based Hostile Work Environment Claim Survives Summary Judgment
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In Snowden v. Susan Southerton, County of Sullivan and Sullivan County Adult Care Center, 22-cv-514, 2023 WL 3601654 (S.D.N.Y. May 23, 2023), the court, inter alia, held that plaintiff plausibly alleged claims of race/color discrimination. From the decision: Moreover, plaintiff alleges other facts that indirectly show discrimination by giving rise to a plausible inference of…

Read More Race Discrimination Claims Sufficiently Alleged; Allegations Include Remarks About Hair
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