Hostile Work Environment

by

In M.H. v. Starbucks Coffee Company, 2023 WL 5211023 (S.D.N.Y. August 13, 2023), the court granted defendant’s motion to dismiss plaintiff’s claim of a sex-based hostile work environment asserted under the New York State Human Rights Law. Here, plaintiff, while 17 years old, was raped by her shift supervisor (Justin Mariani) at defendant Starbucks; Mariani…

Read More Court Dismisses NYS Human Rights Law Complaint Against Starbucks Arising From Rape of Teen Barista by Supervisor
Share This:
by

In Battle v. Wake Forest University Baptist Medical Center, 2023 WL 4868458 (M.D.N.C. July 31, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. Comprising plaintiff’s claim were several alleged racially derogatory comments, including that “all dark-skin blacks stink”, and comparing Michelle Obama to a “monkey.”…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment
Share This:
by

In Gross v. Hatboro-Horsham School District, No. 23-0633, 2023 WL 4867423 (E.D.Pa. July 31, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age-based hostile work environment claim asserted under the Age Discrimination in Employment Act (ADEA). From the decision: Plaintiff’s factual allegations satisfy the pleading requirements for an ADEA hostile work environment…

Read More Teacher’s Age-Based Hostile Work Environment Claim Survives Dismissal
Share This:
by

In Barbara Delo v. Paul Taylor Dance Foundation, No. 22-cv-9416 (RA), 2023 WL 4883337 (S.D.N.Y. Aug. 1, 2023), the court denied the defendant’s motion to compel arbitration under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. As part of its analysis, the court held that plaintiff plausibly alleged sexual harassment…

Read More Applying Recent Law, Court Denies Motion to Compel Arbitration in Sexual Harassment Lawsuit Against Paul Taylor Dance Foundation
Share This:
by

In Tiffani Kerns v. RCS Trucking & Freight, Inc., No. 1:22-cv-1200 (RDA/IDD), 2023 WL 4868555 (E.D.Va. July 31, 2023), the court denied defendant’s motion to dismiss plaintiff’s claims of hostile work environment sexual harassment (as well as constructive discharge) asserted under the Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged…

Read More Sexual Harassment Claim Survives Dismissal; Court Rejects Defendant’s “Myopic” Interpretation of the Hostile Work Environment Statement
Share This:
by

In Broadway v. University of Maryland, Global Campus, 2023 WL 4421406 (D.Md. July 7, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim. This decision, like many others, illustrates the application of the “severe or pervasive” standard to such claims. The court explained: Plaintiff generally asserts that her immediate…

Read More Hostile Work Environment Claims Dismissed; Generalized Assertions of Harasment and Bullying Insufficient
Share This:
by

In McIntosh v City of New York, No. 505675/2022, 2023 N.Y. Slip Op. 50761(U), 2023 WL 4753854 (N.Y. Sup. Ct. Kings Cty. July 10, 2023), the court, inter alia, granted defendant’ motion to dismiss plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws. This decision operates as a…

Read More Hostile Work Environment Claims Dismissed Against the City of New York
Share This:
by

In Felix v. New York City Department of Education, 21 Civ. 6109 (LGS), 2023 WL 4706097 (S.D.N.Y. July 24, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim in violation of the Americans with Disabilities Act (ADA). Plaintiff alleged that the defendant subjected her to a hostile…

Read More Disability-Based Hostile Work Environment Claim Survives Summary Judgment Against NYC Dept. of Education
Share This:
by

In Brown v. Port Authority Transit Corporation, et al, Civil Action No. 22-3199, 2023 WL 4747678 (E.D.Pa. July 24, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1981. The court summarized the elements of such a claim in the Third Circuit, namely:…

Read More “Work Ethic” Comment Did Not Support Race-Based Hostile Work Environment Claim
Share This:
by

In Gulchuk v. Titan Surgical Group, LLC, 2023 WL 4366363 (W.D.Mo. July 6, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s religion-based hostile work environment claim. From the decision: To survive a motion to dismiss a hostile work environment claim, a plaintiff must allege facts showing: (1) he is a member of…

Read More Religion-Based Hostile Work Environment Claim, Based on Mocking and Harassing of Religious Beliefs, Survives Dismissal
Share This: