In Bautista v. PR Gramercy Square Condominium et al, 2022 WL 17156628 (S.D.N.Y. Nov. 22, 2022), the court, inter alia, dismissed plaintiff’s claims of race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York City Human Rights Law. From the decision: Bautista’s…
Read More Doorman’s Hostile Work Environment Claim DismissedIn Sheerer v. Angiodynamics, 2022 WL 17074913 (Sup. Ct. Warren Cty. Nov. 18, 2022), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s disability-based hostile work environment claim. From the decision: Insofar as the third cause of action is concerned, “[a] hostile work environment claim requires proof of a workplace ‘permeated with…
Read More Hostile Work Environment Claim, Based on Alleged Conduct by “Bully”, Dismissed on Summary JudgmentIn Klymn v. Monroe County Supreme Court et al, 2022 WL 16950048 (W.D.N.Y. Nov. 15, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted against a former New York State Supreme Court Judge. As to the sufficiency of the allegations, the court explained: Lastly, having…
Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal Against Former Judge; Acts Dating Back to 2005 May be ConsideredIn Hribovsek v. United Cerebral Palsy of New York City, No. 152849/2017, 2022 WL 16924073 (N.Y. Sup Ct, New York County Nov. 14, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of race and national origin discrimination, as well as her claims of hostile work environment, under the New…
Read More Discrimination Claims, Based in Part on Mocking of Slovenian Accent, Survive Summary JudgmentIn Matewos v. National Beverage Corporation, 2022 WL 13763262 (Wash.App. Div. 1 Oct. 24, 2022), the court, inter alia, reversed the lower court’s summary judgment dismissal of plaintiff’s claim of a race-based hostile work environment under the Washington Law Against Discrimination. From the decision: Shasta argues Cannady and Roberts failed to raise a genuine issue…
Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Racist GraffitiIn Taylor v. Kaiser Foundation Health Plan of Colorado, No. 21-cv-00012-NYW-NRN, 2022 WL 16855697 (D.Colo. Nov. 10, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of a race-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: The Court finds that…
Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment, Notwithstanding Lack of “Overt” Racial Statements or SlursIn Estevez v. Berkeley College et al, 2022 WL 16843460 (2d Cir. Nov. 10, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s sex-based hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the decision: With respect to the Employees’…
Read More 2nd Circuit Affirms Dismissal of Hostile Work Environment Claims Against Berkeley CollegeIn a recent case, Martino v. Chenel Capital, LLC et al, No. 154267/2022, 2022 WL 16743358 (N.Y. Sup Ct, New York County Nov. 02, 2022), the court granted plaintiff’s motion for a default judgment against defendants. This decision provides some insight into the nuts-and-bolts of obtaining a default judgment, following the defendants’ failure to answer…
Read More Sexual Harassment Default Judgment Issued; Liability and Damages to be Determined at InquestIn Hester v. Board of Education of Prince George’s Cnty., Civil Action No. TDC-22-0128, 2022 WL 7088293 (D.Md. October 12, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of a sex-based hostile work environment in violation of Title VII of the Civil Rights Act of 1964. As to whether the alleged…
Read More Teacher’s Title VII Sex/Sexual Orientation-Based Hostile Work Environment Claim Survives DismissalIn Wells-Marshall v. Auburn University et al, 2022 WL 16701108 (M.D.Ala. 2022), the court dismissed plaintiff’s race-based hostile work environment claim. From the decision: Wells-Marshall avers that, over the course of several months, she inherited a “sinking ship” of a department, she was verbally berated by a subordinate who she wanted to reprimand but who…
Read More Race-Based Hostile Work Environment Claim Dismissed Against Auburn University