Hostile Work Environment

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In Ortiz v. Equinox Holdings, Inc., No. 161353/2018, 2023 WL 3949469 (N.Y. Sup Ct, New York County June 12, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment under the New York City Human Rights Law. In this case, plaintiff alleged that her co-worker (Larson) made inappropriate…

Read More “Sleeping With Boss” Remark Among Evidence Warranting Denial of City Law Discrimination Claim
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In Kennedy v. Lloyd J. Austin III, in his official capacity as Secretary of the Department of Defense, 2023 WL 3931961 (S.D.Ga. June 9, 2023), the court dismissed plaintiff’s employment discrimination complaint for failure to state a claim. This decision is instructive regarding best practices when pleading different theories of recovery (here, disparate treatment and…

Read More “Shotgun” Discrimination Complaint Dismissed
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In Pianko v. General R.V. Center, Inc. et al, Case No. 20-cv-13371, 2023 WL 3938852 (E.D.Mich. June 9, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. From the decision: A reasonable jury could find that Miller’s alleged conduct in the hotel room was subjectively and objectively…

Read More Hostile Work Environment Sexual Harassment Claim, Based on “After Hours” Conduct, Survives Summary Judgment
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In Estep v. Brenner, No. 159639/2022, 2023 WL 3889780 (N.Y. Sup Ct, New York County June 08, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim under the New York City Human Rights Law (but not the New York State Human Rights Law). This decision, as such, illustrates the…

Read More Derogatory Remarks, Rumors Support Sufficiently-Alleged Hostile Work Environment Claim Under the New York City Human Rights 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 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 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 Kirstyn Crawford v. American Broadcasting Company, et al., No. 157874/21, 2022-02552, 258, 2023 N.Y. Slip Op. 02611, 2023 WL 3468449 (N.Y.A.D. 1 Dept., May 16, 2023), the court modified the lower court’s dismissal of plaintiff’s hostile work environment and sex discrimination claims. From the decision: The allegations supporting plaintiff’s hostile work environment and sex…

Read More Sex-Based Hostile Work Environment Claim Against ABC Resurrected From Dismissal
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