Hostile Work Environment

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In Tassy v. Peter Buttigieg, 2023 WL 144112 (E.D.N.Y. January 10, 2023), the court, inter alia, dismissed plaintiff’s “constructive discharge” claim. In sum, since a constructive charge claim is a more “aggravated” form of a hostile work environment, the dismissal of the latter warranted the dismissal of the former. From the decision: Plaintiff also brings…

Read More Constructive Discharge Claim Dismissed, in Light of Dismissal of Hostile Work Environment Claim
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In Davis v. Dawgs of St. John, Inc., d/b/a Sundog Café et al, Case No. 3:20-cv-0112, 2022 WL 17735829 (D.Virgin Islands Dec. 16, 2022), the court, inter alia, denied defendants’ motion for judgment on the pleadings as to plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of…

Read More Hostile Work Environment Sexual Harassment Claim, Based on Alleged Vulgar Comments, Survives Dismissal
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In Jackson v. Beacon City School District, No. 19-CV-08164 (PMH), 2022 WL 17904563 (S.D.N.Y. Dec. 23, 2022), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: With respect to Plaintiff’s hostile work environment claim, Plaintiff has failed…

Read More Delayed Paycheck Insufficient to Make Out Hostile Work Environment Claim, Court Holds
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In Gazaway v. Rims USA LLC d/b/a RNR Tire Express, No. 1:21-cv-44, 2022 WL 17869144 (E.D.Tenn. Dec. 22, 2022), the court, inter alia, held that plaintiff presented sufficient facts such that a reasonable jury could conclude she was subjected to sexual harassment (of the “hostile work environment” type), as well as whether defendant may successfully…

Read More Sexual Harassment Claim Survives Summary Judgment; Evidence Included Lewd Snapchat Messages
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In Mahoney v. City of Albany, No. 534635, 2022 WL 17835340 (N.Y.A.D. 3 Dept. Dec. 22, 2022), the court, inter alia, held that plaintiff’s claim of sexual harassment may proceed against an individual defendant. From the decision: Viewing the evidence in a light most favorable to plaintiff, as required on defendants’ motion for summary judgment…

Read More Sexual Harassment Claim Against Individual Defendant, Based on Sexual Comments, Proceeds
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In Dubie v. Buffalo Concrete Accessories, Inc., 21-CV-744-LJV, 2022 WL 17822125 (W.D.N.Y. Dec 20, 2022), the court dismissed plaintiff’s sexual harassment claim as not administratively exhausted at the U.S. Equal Employment Opportunity Commission (EEOC), which is a necessary first step in pursuing a claim under Title VII of the Civil Rights Act of 1964. From…

Read More Sexual Harassment Claim Dismissed as Not Administratively Exhausted
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In Vargas v. The Vons Companies, Inc. et al, 2022 WL 17685801 (Cal.App. 2 Dist. Dec. 15, 2022) (unpublished), the court, inter alia, reversed the lower court’s order granting defendant’s motion for summary judgment on plaintiff’s sexual harassment claim, against her co-worker, under California’s Fair Housing and Employment Act (FEHA). From the decision: There is…

Read More Citing Repeated Verbal Harassment, Court Reverses Summary Judgment on Plaintiff’s Sexual Harassment Claim
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In Wilson v. New York and Presbyterian Hospital et al, 2022 WL 17587564 (2d Cir. Dec. 13, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s hostile work environment sexual harassment claim. From the decision: Finally, Wilson argues that the district court erred in dismissing his NYSHRL sexually hostile work environment claim. It did…

Read More Hostile Work Environment Sexual Harassment Claim, Based in Part on Workplace Pornography Viewing, Properly Dismissed
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A recent decision, Ramroop v. Communications Workers of America Local 1182, No. 157047/2019, 2022 WL 17574009 (N.Y. Sup Ct, New York County Dec. 08, 2022), illustrates how to impute liability for a sexually hostile work environment claim against a defendant – in this case, a union. From the decision: Local 1182 argues that a claim…

Read More Hostile Work Environment Sexual Harassment Claims Proceed Against Union
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In Harge v. City of New York et al, 2022 WL 17481819 (2d Cir. Dec. 7, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, Harge bases his hostile work environment claim on evidence of monitoring,…

Read More Title VII Race Discrimination Claim Dismissal Affirmed; NYC Human Rights Law Claims Improperly Dismissed
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