Hostile Work Environment

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In Young v. Town of Islip et al, 2019 WL 3412113 (E.D.N.Y. July 29, 2019) – in which plaintiff asserted, inter alia, claims of race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964 – the court denied plaintiff’s motion for a new trial under Federal Rule of Civil…

Read More Verdict Sheet Did Not Confuse Jury in Race Discrimination/Hostile Work Environment Claim, Court Holds
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In Guity v. Uniondale Union Free School Dist., 2019 WL 3402280 (E.D.N.Y. July 26, 2019), the court, inter alia, dismissed plaintiff’s race/ethnicity-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. Plaintiff – a high school Spanish teacher – alleged among other things that she was targeted because she was…

Read More Title VII Hostile Work Environment Claim Dismissed Against Uniondale Union Free School District;
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In Culler v. New York State Unified Ct. Sys., 2019 NY Slip Op 32134(U) (Sup. Ct. Kings Cty. July 7, 2019), the court, inter alia, dismissed plaintiff’s race discrimination and hostile work environment claims asserted under the New York City Human Rights Law on the grounds of sovereign immunity, explaining:[1]As noted by the court, the…

Read More NYCHRL Discrimination Claims Dismissed Against New York State Unified Court System
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In Kaplan v. New York State Department of Labor, 2019 WL 3252911 (S.D.N.Y. July 19, 2019), a case involving claims of discrimination based on religion, the court, inter alia, denied defendants’ motion to dismiss plaintiff’s federal claims.[1]The court dismissed plaintiff’s state law discrimination claims under Fed. R. Civ. P. 12(b)(1) on Eleventh Amendment (sovereign immunity)…

Read More Hostile Work Environment Claim, Based on Anti-Semitic Comments, Survives Dismissal
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A recent decision, Konteye v. NYC Dept. of Education et al, 2019 WL 3229068 (S.D.N.Y. July 18, 2019), yet again illustrates that not every perceived workplace slight gives rise to an actionable “hostile work environment” claim. From the decision: [C]onsidering the totality of the circumstances, Plaintiff failed to meet his burden of showing that “[his]…

Read More Title VII Hostile Work Environment Claim Dismissed; Notwithstanding Allegations of Verbal “Harassment”, Screaming, Criticism, Etc.
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In McKinney v. Quayshanna Tanner of Set and Service Resource et al, 2019 WL 3067116 (SDNY July 12, 2019), the court, inter alia, dismissed plaintiff’s claims under the New York City Human Rights Law. From the decision: The Court must dismiss Plaintiff’s NYCHRL claims. The NYCHRL does not apply to discriminatory acts that occurred outside…

Read More Court Dismisses NYCHRL Discrimination Claim Arising From Events Outside NYC
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Recently, the Second Circuit, in Legrand v. Walmart Stores East, LP, 2019 WL 3026881 (2d Cir. July 11, 2019) (Summary Order) held, inter alia, that one plaintiff sufficiently alleged discrimination, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, 42 U.S.C. § 1981,…

Read More Discrimination, Hostile Work Environment Claims (Based on Behind-the-Back Comments) Sufficiently Alleged, Court Holds
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In Corso v. New York State Dept. of Corrections & Community Supervision, 2019 WL 2869573 (NDNY July 3, 2019), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Title VII does not impose “a general…

Read More Hostile Work Environment Claim Dismissed; Alleged Isolation, Hostile Comments and “Attitudes” (Etc.) Insufficient
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In Daniel v. T&M Protection Resources, LLC, 2019 WL 2754961 (2d Cir. July 2, 2019) (Summary Order), the court affirmed the lower court’s finding, after a bench trial, in defendant’s favor on plaintiff’s employment discrimination and hostile work environment claims. As to plaintiff’s hostile work environment claim, the court summarized the law as follows: In…

Read More Hostile Work Environment Not Established; Alleged Incidents Were “Only Mild or Isolated Instances of Harassment”
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