Hostile Work Environment

In a recent decision, Moxley v. State of New York, 17-cv-691, 2019 WL 5788440 (W.D.N.Y. Nov. 6, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim. Among plaintiff’s allegations supporting this claim was her contention that her supervisor’s nephews (and co-workers) “g[ave] her dirty looks.” Regarding this allegation, the court explained : Frequent…

Read More Hostile Work Environment Claim Dismissed; Evidence, Including “Threatening Looks”, Insufficient

In Petit v. The Department of Education of the City of New York, No. 155523/16, 9984, 2019 WL 5791619 (N.Y.A.D. 1 Dept., Nov. 07, 2019), the court held that plaintiff stated claims of employment discrimination, hostile work environment, and retaliation under the New York State and City Human Rights Laws. Specifically, the court reversed a…

Read More Hostile Work Environment Claim Stated; Allegations Include “Voodoo Priest” Accusation

In James v. Van Blarcum, 2019 WL 5681334 (2d Cir. Nov. 1, 2019) (Summary Order), the court vacated the lower court’s dismissal of plaintiffs’ race-based hostile work environment claims. Initially, the court held that the “continuing violations doctrine” applied, permitting consideration of otherwise-time barred conduct: Appellants allege that the Ulster County jail has a policy…

Read More Race-Based Hostile Work Environment Claims Survive Summary Judgment

In Lawrence v. Chemprene, Inc. et al, 18-CV-2537, 2019 WL 5449844 (SDNY Oct. 24, 2019), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim. While plaintiff’s allegations were, in the court’s words, “revolting” – including use of the words “black motherfucker” and “stupid nigger” – they were insufficiently demonstrative of a hostile work…

Read More Hostile Work Environment Claim Dismissed; Secondhand “Black Motherfucker” Comment, Among Others, Insufficient

In Phoenix v New York State Dept. of Health, No. 151915/2015, 2019 WL 5150271 (N.Y. Sup Ct, New York County Oct. 09, 2019), the court dismissed plaintiff’s constructive discharge and race discrimination claims. As to plaintiff’s constructive discharge claim, the court explained (citations omitted): To state a claim for constructive discharge, plaintiff must allege facts…

Read More Constructive Discharge & Discrimination Claims Dismissed Against NYS Dept. of Health

In Alexander v. Equinox Holdings LLC, No. 160323/2018, 2019 WL 4643772, 2019 N.Y. Slip Op. 32830(U) (N.Y. Sup Ct, New York County Sep. 18, 2019), the court dismissed plaintiff’s discrimination/harassment claim asserted under the NYC Human Rights Law, NYC. Admin. Code ยง 8-101 et seq. (NYCHRL). Here, the events giving rise to plaintiff’s sex-based hostile…

Read More Off-Duty Employee’s NYCHRL “Customer Harassment” Claim Dismissed

In a recent case, Watson v. The Richmond University Medical Center et al, 14-cv-1033, 2019 WL 5087062 (E.D.N.Y. Oct. 10, 2019), the court, inter alia, denied defendants’ motion for summary judgment dismissing plaintiff’s Title VII race discrimination claim. From the decision (some citations omitted): [C]onstruing the facts in the light most favorable to Plaintiff, a…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Court Cites “Humiliating” Duties

In Mercedes v. New York City Department of Education, 2019 WL 4926968 (2d Cir. 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s gender discrimination, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964. With respect to the gender discrimination claim, after summarizing the relevant law, applied…

Read More Gender Discrimination Dismissal Affirmed; Court Cites Lack of Discriminatory Comments and Equivalent Treatment to Males

In Olaechea v. City of New York et al, 17-CV-4797, 2019 WL 4805846 (S.D.N.Y. Sept. 30, 2019), the court, inter alia, dismissed plaintiff’s gender-based hostile work environment claim under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. As to…

Read More Hostile Work Environment Claim Dismissed; Romantic Rumors Insufficient