Hostile Work Environment

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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
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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
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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
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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
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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
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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
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In Goodson v. County of Plumas et al, 2023 WL 4678990 (E.D.Cal. July 21, 2023), the court, inter alia, held that plaintiff proved that she was subjected to sexual harassment under Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act – but that, as noted below, defendants…

Read More Sexual Harassment Claims Survive, in Part; Evidence Included Sexual Comments and Touching
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In Steiner v. Giant of Maryland, LLC, 2023 WL 4421373 (D.Del. July 10, 2023), the court dismissed plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In reviewing a hostile work environment claim, the Court must look to the totality of the circumstances…

Read More Recent Decision Illustrates Demanding Standard for Proving a Title VII Hostile Work Environment Sexual Harassment Claim
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In Martino v. Chenel Capital, LLC, No. 154267/2022, 2023 WL 4547887 (N.Y. Sup Ct, New York County July 11, 2023), the court dismissed plaintiff’s claims for hostile work environment asserted under the New York State and City Human Rights Laws. Defendant failed to appear, and an inquest was held. From the decision: Here, the defendant’s…

Read More Hostile Work Environment Claims Dismissed; Alleged Discomfort Insufficient; Damages Not Proven
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In EEOC v. 98 Starr Road Operating Co., LLC, 2023 WL 4557751 (D.Vt. July 17, 2023), the court denied defendant’s motion to dismiss plaintiffs’ race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In this case, the complaint alleges repeated incidents of racial insults (including the “n-word”), physical…

Read More Title VII Race-Based Hostile Work Environment Claim, Arising From Patient Conduct, Survives Dismissal
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