Hostile Work Environment

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In Reno v. Structuretech New York, Inc., No. 160158/2021, 2022 WL 3999584 (N.Y. Sup Ct, New York County Aug. 25, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race-based discrimination and hostile work environment under the New York State and City Human Rights Laws, as well as retaliation under the…

Read More Race Discrimination, Hostile Work Environment, and Retaliation Claims, Based in Part of Reference to Plaintiff as “Boy”, Sufficiently Alleged
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In Henrich v. Henkels & McCoy, Inc. et al, No. 20-6281, 2022 WL 3701969 (E.D.Pa. Aug. 26, 2022), the court held that plaintiff presented sufficient evidence for a reasonable jury to infer that she was subjected to severe or pervasive gender discrimination that gave rise to a hostile work environment in violation of Title VII of…

Read More Gender-Based Hostile Work Environment Claim Survives Summary Judgment; Allegations Included Holding Plaintiff to Standards Inapplicable to Men
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In Chapman v. Oakland Living Center, Inc., No. 20-2361, 2022 WL 3954456 (4th Cir. Aug. 30, 2022), the  U.S. Court of Appeals for the Fourth Circuit, inter alia, vacated a lower court’s award of summary judgment to defendant on plaintiff’s race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of…

Read More Hostile Work Environment Claim, Based on Racial Slur by Child Who Was Supervisor’s 6-Year-Old Son (and Owner’s Grandson), Survives Summary Judgment
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In Talbott-Serrano v. Iona College et al, No. 21-CV-1055 (CS), 2022 WL 3718346 (S.D.N.Y. August 29, 2022), the court granted defendants’ motion for summary judgment on plaintiff’s disability-based hostile work environment claim asserted under the Americans with Disabilities Act. This case illustrates the subtle, yet crucial, distinction between a work environment that may “hostile” in…

Read More Disability-Based Hostile Work Environment Claim Dismissed; “Discourteous” and “Unpleasant” Conduct Held Insufficient
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In Rojas v. Human Resources Administration, 2022 WL 3716851 (E.D.N.Y. August 29, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In support of this claim, plaintiff pointed to four incidents that occurred over roughly five months, namely: (1) Plaintiff’s supervisor telling…

Read More Hostile Work Environment Claim Dismissed; “Sarcastic” Comments About “Looks” Etc. Insufficient
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In Rivas v. New York Lottery and The Office of Temporary and Disability Assistance, 2022 WL 3594944 (N.D.N.Y. Aug. 23, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff alleges Defendants subjected her to a hostile work environment…

Read More Hostile Work Environment Claim Dismissed, Absent Non-Conclusory Link Between Abusive Work Environment and Protected Class
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In Ochoa v. New York City Department of Education, 20-cv-9014 (ALC), 2022 WL 3646208 (S.D.N.Y. Aug. 24, 2022), the court dismissed plaintiff’s claims of race discrimination asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiff, a teacher,…

Read More NYC Teacher’s Title VII Race Discrimination Claim, Based on Accent Mocking, Dismissed
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The “Jerk Boss” is a stock character of the American workplace; one would be hard-pressed to find someone who has not experienced (or a work-centric fictional setting that does not include at least) one. And what is more indicative of a “hostile” workplace than a boss who loudly uses profanity and insulting language at work? Such…

Read More Sex-Based Hostile Work Environment Claim Dismissed; Alleged Profane, Insulting Language Insufficient
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In Miro v. City of Bridgeport, No. 3:20CV00346(SALM), 2022 WL 3284400 (D.Conn. Aug. 11, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of sexual harassment – alleged under the rubric of “hostile work environment” and “quid pro quo” theories – in violation of Title VII of the Civil Rights Act of…

Read More Hostile Work Environment and Quid Pro Quo Sexual Harassment Claims Survive Dismissal
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In Harris v. Mayorkas, No. 21-cv-1083 (GMH), 2022 WL 3452316 (D.D.C. Aug. 18, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under title VII of the Civil Rights Act of 1964. After summarizing the applicable standard, the court applied it to the facts as follows: Here, none of Plaintiff’s claims of…

Read More Hostile Work Environment Claim Dismissed; Merely “Uncivil” Conduct Insufficient
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