Hostile Work Environment

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In Moll v. Telesector Resources Group, Inc., No. 20-3599, 2024 WL 820179 (2d Cir. Feb. 28, 2024), the U.S. Court of Appeals for the Second Circuit vacated the lower court’s order dismissing plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: In…

Read More 2d Circuit Vacates Summary Judgment Dismissal of Title VII Hostile Work Environment Claim
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In Arnold v Town of Camillus, No. 22-01774, 831, 202 N.Y.S.3d 839, 2023 N.Y. Slip Op. 06627, 2023 WL 8865653 (N.Y.A.D. 4 Dept., Dec. 22, 2023), the court addressed the “Notice of Claim” requirement in the context of employment discrimination claims asserted under the New York State Human Rights Law. The court summarized the facts…

Read More NYS Human Rights Law Discrimination, Hostile Work Environment, Sexual Harassment, Constructive Discharge, Retaliation Claims Subject to Town Law’s “Notice of Claim” Requirement
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In Yuvienco v. Tom Vilsack, Secretary of Agriculture, 2024 WL 727712 (D.D.C. Feb. 22, 2024), the court granted defendant’s motion to dismiss plaintiff’s hostile work environment claims. Initially, the court summarized the relevant black-letter law, highlighting the requirement that a plaintiff asserting such a claim “must establish that the allegedly harassing conduct complained of was…

Read More Hostile Work Environment Claims Dismissed; Allegations of Inaccurate Criticism etc. Insufficient
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In Banks v. McGlynn, Hays & Co., Inc., No. 1:19-cv-05727 (JLR) (RWL), 2024 WL 689145 (S.D.N.Y. Feb. 20, 2024), 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.  From the decision: Plaintiff points to the text message, the music event, and the car…

Read More Race-Based Hostile Work Environment Claim Dismissed, Notwithstanding “Rigger” Comment
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In Breiding v. High Hopes Films, LLC, No. 152385/2023, 2024 WL 144966, 2024 N.Y. Slip Op. 30135(U) (N.Y. Sup Ct, New York County Jan. 12, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation under the New York State and City Human Rights Laws. From the decision: In order to…

Read More Retaliation Claims Survive Dismissal Against High Hopes Films, LLC
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In Ferrara v. Sterling, Inc., No. 23-0454-cv, 2024 WL 485742 (2d Cir. Feb. 8, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s award of summary judgment to defendant on plaintiff’s age-based hostile work environment claims. The court held that even if the plaintiff had established the existence of a…

Read More Application of Faragher/Ellerth Defense Justifies Summary Judgment Dismissal of Age-Based Hostile Work Environment Claims, Second Circuit Holds
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In Gregori, Antonio v. Hometown Foods USA, LLC, No. 23-cv-23356-ALTMAN/Reid, 2024 WL 474374 (S.D.Fla. Feb. 7, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s –  Hispanic male of Peruvian national origin – claim of race discrimination asserted under 42 U.S.C. § 1981. From the decision: Having determined that the Plaintiff needn’t identify…

Read More Plaintiff Sufficiently Alleges Discrimination Under 42 U.S.C. § 1981 Based on Offensive and Derogatory Remarks, Court Finds
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In Izabel v. Robert B. Downing, Chief Usher at the Executive Residence, Civil Action No. 22-cv-2898 (CJN), 2024 WL 474261 (D.D.C. Feb. 7, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race- and sex- based hostile work environment claim. From the decision: The government contends that the various incidents that Izabel complains…

Read More First Female White House Butler Sufficiently Alleges Race, Sex-Based Hostile Work Environment Claims
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In Norman v. Exxon Mobil Corporation, No. 23-00330-BAJ-EWD, 2024 WL 477521 (M.D.La. Feb. 7, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. Initially, the court found that plaintiff’s allegations regarding nooses found at his workplace cannot support his hostile work environment claim, given his admission that he…

Read More Race-Based Hostile Work Environment Claim, Based on Racial Caricature, Survives Dismissal
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In a recent decision, Montgomery v. Prisma Health, No. 6:23-cv-00395-TMC, 2024 WL 449274 (D.S.C. Feb. 5, 2024), the court, inter alia, declined to adopt a Magistrate Judge’s Report & Recommendation that plaintiff’s claim of a race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. After reviewing pertinent case law,…

Read More Race-Based Hostile Work Environment Survives Dismissal; Allegations Include Placement of Noose and Calling Plaintiff a “Slave”
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