Hostile Work Environment

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In Turner v. Manhattan Bowery Mgmt. Corp., 49 Misc. 3d 1220(A) (N.Y. Sup. Ct. 2015), the court held that plaintiff (an African American maintenance worker) presented sufficient evidence to overcome summary judgment on his race discrimination, hostile work environment, and retaliation claims. As to his hostile work environment claim, the court held: [P]laintiff presented sufficient…

Read More Plaintiff Overcomes Summary Judgment on Race Discrimination, Hostile Work Environment, and Retaliation Claims
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In Geras v. Hempstead Union Free Sch. Dist., No. 13-CV-5094(ADS)(AYS), 2015 WL 9182980 (E.D.N.Y. Dec. 17, 2015), the court noted that “although the standard for establishing a hostile work environment is high, … [t]he environment need not be unendurable or intolerable.” From the decision: [T]here is testimonial evidence that the Plaintiff was “harassed [and] belittled on…

Read More “Reverse” Race Discrimination Hostile Work Environment Claim Survives Summary Judgment
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In Bright v. Coca-Cola Refreshments USA, Inc., No. 14-4465-CV, 2015 WL 9261278 (2d Cir. Dec. 18, 2015), the Second Circuit affirmed the lower court’s decision granting summary judgment judgment, of plaintiffs’ race-based hostile work environment claims. As to the merits, the Second Circuit incorporated the district court’s analysis and conclusion, adding that “[m]any of the comments and incidents…

Read More Second Circuit Affirms Summary Judgment Dismissing Hostile Work Environment Claims; Says District Court Properly Declined to Consider Post-Deposition Affidavits
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In Dingle v. Bimbo Bakeries USA/Entenmann’s, No. 14-1215-CV, 2015 WL 8952903 (2d Cir. Dec. 16, 2015), the Second Circuit vacated the dismissal, for failure to state a claim under FRCP 12(b)(6), of plaintiff’s employment discrimination complaints. Plaintiff’s allegations, in a nutshell: Dingle alleged that a photo of a nude man resembling Dingle was distributed among employees who made…

Read More Second Circuit Revives “Perceived Sexual Orientation Discrimination” Claim
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In Tekle v. Wegmans Food Markets, Inc., No. 15-CV-6386, 2015 WL 8485273 (W.D.N.Y. Dec. 9, 2015), the court granted defendant’s motion under FRCP 12(b)(6) to dismiss plaintiff’s race discrimination, hostile work environment, and retaliation claims. This case illustrates that even arguably “disturbing and arguably race-based” incidents are not necessarily enough to establish violations of the…

Read More Threat to “Hang” Plaintiff Insufficient to State Hostile Work Environment Claim
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In her New York State Supreme Court sexual harassment lawsuit, captioned Toktassynova v. Adam Victor et al (NY Sup. Ct. NY Cty. Index # 162327/2014) and filed March 12, 2015 (NYSCEF Doc. No. 22), plaintiff asserts various claims – including sexual harassment, hostile work environment, and retaliation – against defendant Adam H. Victor and various entities.…

Read More Court Strikes Extraneous Matter Regarding (e.g.) Prostitution From Answer to Sexual Harassment Lawsuit
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In Hernandez v. PFIP, LLC, No. 14 CIV. 4069 (LGS), 2015 WL 7758875 (S.D.N.Y. Dec. 1, 2015), the Southern District of New York denied defendants Planet Fitness’ motion for summary judgment on plaintiff’s retaliation claim under the NYC Human Rights Law. Here is Judge Schofield’s analysis of that claim: Plaintiff alleges two theories of retaliation.…

Read More Court Denies Summary Judgment to Defendant Employer and Holds That Rejecting Sexual Harasser’s Advances Can Support a Retaliation Claim Under the NYC Human Rights Law
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In Lee v. Winthrop University Hosp., 2015 WL 7161955 (E.D.N.Y.,2015), the Eastern District of New York explained its decision to grant defendants’ motion for summary judgment and dismiss his employment discrimination complaint. As to his race discrimination claims: The Plaintiff attempts to create a genuine issue of material fact by asserting that the disciplinary warnings…

Read More Court Explains Reasons for Dismissing Race & National Origin Discrimination Claims Against Hospital
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A Manhattan federal jury recently awarded $2.2 million to male trucking company employee Raymond Rosas and rejected defendant’s counterclaim for conversion. In that lawsuit, captioned Rosas v. Balter Sales Co. Inc. et al. (SDNY 12-cv-6557), plaintiff – a Hispanic male – asserted claims of (e.g.) race discrimination, gender discrimination, hostile work environment, sexual harassment, and…

Read More $2.2 Million Verdict in Male Truck Driver’s Sexual & Race Harassment Lawsuit
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