Hostile Work Environment

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In Walker v. Christine E. Wormuth, Secretary of the Army, 2023 WL 2428903 (D.Kan. March 9, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Defendant argues that the Court must dismiss this claim…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal; Court Cites “Troublemaker” and “Angry Black Woman” Comments
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In McKenzie v. Southern Nuclear Operating Company, 2023 WL 2403778 (S.D.Ga. March 8, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s race- and gender-based hostile work environment claims. From the decision: At most, there are only two allegations Plaintiff has made that can be connected in any way to her race or…

Read More Hostile Work Environment Claim Dismissed; Comment About Plaintiff’s Thighs, “Baby Daddy” Insufficient
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In Stein v. Town of Greenburgh et al, No. 21-CV-05673 (PMH), 2023 WL 2432574 (S.D.N.Y. March 8, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. Here’s the core of court’s decision on that point: A claim…

Read More Title VII Sex-Based Hostile Work Environment Claim Survives Dismissal; “Continuing Violation” Doctrine Applied
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In Baez v. Amazon.com Services, LLC, 2023 WL 2390539 (E.D.N.Y. March 7, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s national origin-based hostile work environment claim. After summarizing the “black letter” law applicable to this claim, the court applied it to the facts, as follows: Here, Plaintiff alleges that ever since the…

Read More National Origin-Based Hostile Work Environment Dismissed Against Amazon
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In Pattanayak v. Mastercard Inc., 2023 WL 2358826 (2d Cir. March 6, 2023), the U.S. Court for the Second Circuit affirmed the dismissal of plaintiff’s hostile work environment claim. From the decision: Pattanayak alleges a hostile work environment based on a handful of incidents that do not amount to “severe or pervasive” conduct. Harris, 510…

Read More Hostile Work Environment Dismissal Affirmed; Conduct Occurring Over Two Years and Concerning Different Departments and Supervisors
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In Garza v. Antony Blinken, Secretary of United States Department of State, 2023 WL 2239352 (D.D.C. Feb. 27, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff’s allegations against Favret do not amount…

Read More Title VII Sex-Based Hostile Work Environment Claim Dismissed; Staring at Breasts, Among Other Conduct, Deemed Insufficient by Court
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In Hernandez v. Kwiat Eye and Laser Surgery, PLLC, 2023 WL 372105 (N.D.N.Y. Jan. 24, 2023), the court, inter alia, dismissed plaintiff’s sex-based hostile work environment claims. This is, unfortunately, yet another example of unpleasant, arguably sex-based conduct – when viewed through the lens of the applicable legal standard – does not rise to the…

Read More Sex-Based Hostile Work Environment Claims Dismissed; “Vagina” Comments Insufficient
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In Brandenburg, Elizabeth et al v. Greek Orthodox Archdiocese of North America et al, 2023 WL 2185827 (S.D.N.Y. Feb. 23, 2023), the court addressed the following question, which has divided various courts: “whether, and under what circumstances, a clergy member can bring a claim for hostile work environment discrimination or retaliation against a religious employer.”…

Read More Nuns’ Hostile Work Environment Sexual Harassment Claims Survive Summary Judgment Against Greek Orthodox Archdiocese of North America; “Ministerial Exception” Did Not Bar Claims
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In Simmons v. Transforce, Inc., 2023 WL 2192239 (S.D.Miss. Feb. 23, 2023), the court granted defendant’s motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c). From the decision: Plaintiff has not alleged sufficient facts to state a hostile work environment claim. His allegations that he was bullied and harassed and treated…

Read More Hostile Work Environment Claim Dismissed; Conclusory Allegations of Bullying and Harassment Held Insufficient
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In Williams v. New York City Housing Authority, No. 21-1527-cv, 2023 WL 2171483 (2d Cir. Feb. 23, 2023), the U.S. Court of Appeals for the Second Circuit vacated the district court’s order granting defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claim. From the decision: The district court erred when it identified…

Read More Second Circuit Revives Race-Based Hostile Work Environment Claim From Summary Judgment Dismissal Against NYC Housing Authority
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