Hostile Work Environment

In Matsko v. New York, 2022 WL 137724 (N.D.N.Y. Jan. 14, 2022), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s claim of sexual harassment under Title VII of the Civil Rights Act of 1964. Here, the sexual harassment was alleged to have been committed by a non-supervisor; accordingly, the alleged wrongful…

Read More Sexual Harassment Claim, Based on Conduct by Non-Supervisor, Dismissed; Employer Not Shown to be Negligent in Controlling Working Conditions
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In a recent case, Stevenson v. New York State Department of Corrections and Community Supervision et al, 2022 WL 179768 (W.D.N.Y. Jan. 20, 2022), the court, inter alia, held that plaintiff sufficiently alleged a retaliatory hostile work environment claim. From the decision: Defendants Sticht, Balcer, and Yehl assert that the Complaint lacks any plausible allegations…

Read More “Retaliatory Hostile Work Environment” Claim Survives Dismissal
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In Joyce v. Remark Holdings, Inc. et al, 2022 WL 179839 (S.D.N.Y. Jan. 20, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the New York City Human Rights Law. From the decision: Joyce points to three specific instances to argue that Tao created a hostile work environment. First, when Joyce…

Read More Hostile Work Environment Claim Dismissed; Limited Interactions With Alleged HWE Creator
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In Sedhom v. SUNY Downstate Medical Center, et al., No. 15080, 1555837/17, 2020-04443, 2022 N.Y. Slip Op. 00292, 2022 WL 150794 (N.Y.A.D. 1 Dept., Jan. 18, 2022), the court unanimously affirmed the dismissal of plaintiff’s age-based discrimination and hostile work environment claims. In sum, plaintiff contends that defendants discriminated against her and terminated her employment on the…

Read More Age Discrimination Claims Dismissed Against SUNY Downstate Medical Center
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In Samuel v. Devachan Hair and Spa, Inc., No. 150598/2020, 2022 WL 103412 (N.Y. Sup Ct, New York County Jan. 05, 2022), the court, inter alia, held that plaintiff sufficiently alleged a “hybrid” – here, race-plus-gender – discrimination claim asserted under the New York City Human Rights Law. From the decision: Defendants move to dismiss…

Read More Race-Plus-Gender Claim Survives Dismissal Under NYC Human Rights Law
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In Farber Schneider Ferrari LLP v. Slowik, No. 157630/2019, 2022 WL 114106 (N.Y. Sup Ct, New York County Jan. 12, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims for hostile work environment and sexual harassment. From the decision: Defendants’ motion to dismiss the cause of action alleging violations of the State…

Read More Hostile Work Environment, Sexual Harassment Claims Sufficiently Alleged Based on Pejorative Hispanic Comments, Pornographic Images
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In Lax v. The City University of New York, 20-3906-cv, 2022 WL 103315 (2d Cir. Jan. 11, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s claim of a religion-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In order to establish a hostile…

Read More CUNY Professor’s Religion-Based Hostile Work Environment Claim Dismissal Affirmed
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In Quinones v. City of Binghamton et al, No. 3:19-cv-1460,  2022 WL 43764 (N.D.N.Y. Jan. 5, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of a race-based hostile work environment asserted pursuant to 42 U.S.C. § 1981. After summarizing the “black letter” law governing plaintiff’s hostile work environment claim, the court…

Read More Hostile Work Environment Claim, Based on Anti-Hispanic Ridicule, Sufficiently Alleged
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In Honey v. Dover Downs, Inc., No. C.A. No. 19-1646-TMH, 2021 WL 6197082 (D.Del. Dec. 9, 2021), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. The court summarized the five elements that a plaintiff must prove in order to establish a hostile work environment claim…

Read More Sexual Harassment Hostile Work Environment Claim Survives Summary Judgment; Alleged Conduct Included Bodily Contact and Vulgar Comments
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In Brooks v. Prevention Point, No. 20-06379, 2021 WL 6125205 (E.D.Pa. Dec. 28, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim. (The court did, however, hold that plaintiff sufficiently alleged a “disparate treatment” race discrimination claims.) From the decision: Courts have dismissed hostile work environment claims where there is single, non-severe incident.…

Read More Race-Based Hostile Work Environment Claims Dismissed; Alleged “Badgering” Insufficient
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