In Niemotko v. Mount St. Mary Coll., 2025 NY Slip Op 04658 (N.Y. App. Div. 2 Dept. Aug. 13, 2025), the court, inter alia, affirmed the summary judgment dismissal of plaintiff’s hostile work environment claim asserted under the New York State Human Rights Law. From the decision: A plaintiff claiming a hostile work environment animated…
Read More Hostile Work Environment Claim Properly Dismissed, 2nd Dept. HoldsIn Dupray v. NY Loft, LLC and Ana Sternberg, Civil Action No. 25-229, 2025 WL 2393375 (D.N.J. August 18, 2025), the court denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under the New Jersey Law Against Discrimination (NJLAD). From the decision: Defendants move to dismiss Plaintiff’s NJLAD hostile work environment claim. “Claims…
Read More Hostile Work Environment Claim, Based on Display of Sexually Graphic Photograph, Survives DismissalIn Kennedy v. Ceva Logistics U.S., Ing., No. 3:23-cv-01362, 2025 WL 2231049 (M.D.Tenn. Aug. 5, 2025), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of race-based hostile work environment under Title VII of the Civil Rights Act of 1964. As to the element of “severity”, the court explained: CEVA attempts…
Read More Race-Based Hostile Work Environment Survives Summary Judgment; Evidence Included Alleged Use of N-Word & Slave-Related CommentIn Fernandez v. American Sugar Refining, Inc., 2025 WL 2294879 (E.D.La. Aug. 8, 2025), the court, inter alia, discussed and applied the “administrative exhaustion” requirement applicable to claims asserted under Title VII of the Civil Rights Act of 1964. Initially, the court held that plaintiff did not administratively exhaust the sex-based discrimination claim: Defendant contends…
Read More Hostile Work Environment, But Not Sex Discrimination, Claim Survives Dismissal Based on “Administrative Exhaustion” at the EEOCIn Shimeles v. Fairfax County School Board, Civil Action No. 1:24-cv-474 (RDA/IDD), 2025 WL 2375203 (E.D.Va. Aug. 14, 2025), the court, inter alia, held that plaintiff sufficiently alleged a racially-hostile work environment, in violation of Title VII of the Civil Rights Act of 1964. From the decision: Unwelcome conduct rises to the level of being…
Read More Race-Based Hostile Work Environment Sufficiently Alleged; Court Cites Claimed Threat of Hanging by NooseIn Tardiff v. Laborers International Union of North American Local Union 609 et al, 2025 WL 2374000 (D.Mass. Aug. 15, 2025), the court, inter alia, held that plaintiff sufficiently alleged sexual harassment under Massachusetts state law and Title VII of the Civil Rights Act of 1964. From the decision: Ms. Tardiff has alleged that Mr.…
Read More Hostile Work Environment Sexual Harassment Claims Survive Dismissal; Allegations Include Disparaging Comments and Brandishing FirearmIn Erazo v. IGH Restoration LLC, 23 Civ. 3982 (DEH), 2025 WL 2298712 (S.D.N.Y. Aug. 8, 2025), concerning alleged sexual harassment, the court denied defendants’ motion for summary judgment on plaintiff’s claims under Title VII of the Civil Rights Act of 1964. Specifically, this decision discusses the issue of whether a defendant is considered an…
Read More Sexual Harassment Plaintiff Presents Sufficient Evidence to Create Triable Issue as to Whether Defendant is a Title VII “Employer”In Mofrad v. United Parcel Service, Inc., Case No. 23-cv-01899-AMO, 2025 WL 2308492 (N.D.Cal. Aug. 11, 2025), the court denied defendant’s motion for summary judgment on plaintiff’s claim of sexual harassment under California’s Fair Employment and Housing Act (“FEHA”). This decision is interesting, in that it arises from a scenario involving allegations by a male…
Read More Sexual Harassment Claim, Arising From Alleged Harassment of Male by Female Subordinate, Survives Summary JudgmentIn Choudhury v. Northwell Health, Inc., 23-cv-01406 (NCM) (SIL), 2025 WL 2300220 (E.D.N.Y. Aug. 8, 2025), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of race, religion, and national origin based hostile work environment asserted under the New York State Human Rights Law. Notably, the court initially granted defendants’ motion…
Read More Hostile Work Environment Claims Survive Summary Judgment Under NYS Human Rights Law (But Not Title VII)In Brunette v. Bausch Health US, LLC, Case # 22-CV-6376-FPG-CDH, 2025 WL 2240477 (W.D.N.Y. Aug. 2025), the court granted defendant’s motion for summary judgment dismissing plaintiff’s claims of age- and disability-based hostile work environment. This decision illustrates the well-established point, integral to employment law, that generally unpleasant conduct – such as being micromanaged, reprimanded, etc.…
Read More Age and Disability-Based Hostile Work Environment Claims Dismissed