Hostile Work Environment

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In Ball v. Marriott International, Inc., No. 19-cv-10593 (LJL), 2022 WL 4133207 (S.D.N.Y. Sept. 12, 2022), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive as to how courts address the scenario…

Read More Waitress’s Hostile Work Environment Sexual Harassment Claim, Based on Alleged Conduct by Hotel Guest, Not Imputed to Marriott
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In Prude v. Logistics One Transport, Inc., No. 1:20-cv-0674, 2022 WL 4120266 (N.D.N.Y. Sept. 9, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights Law.…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal; “Banana” Incident Was, in Context, Sufficiently “Severe”
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In Europe v. Equinox Holdings, Inc. et al, 20-cv-7787 (JGK), 2022 WL 4124763 (S.D.N.Y. Sept. 9, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, the New York State Human Rights…

Read More Race-Based Hostile Work Environment Claim Survives Against Equinox; Evidence Included Accommodation of Client’s Racial Preferences
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In Werahera v. Regents of University of Colorado, No. 21-cv-02776-NYW, 2022 WL 3645979 (D.Colo. August 24, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of hostile work environment asserted under Title VII of the Civil Rights Act of 1964. After explaining the “black letter” law and elements of this claim, the…

Read More Religion and National Origin Discrimination Claims Survive Motion to Dismiss Against Regents of the University of Colorado
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In Pimental v. Atrium Hospitality LP, No. 3:19-CV-1284 (OAW), 2022 WL 4104012 (D.Conn. Sept. 7, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. From the decision: Atrium has moved for summary judgment on the grounds that Chef Pimentel’s hostile work environment claim is neither…

Read More Sexual Harassment Claim, Based on Inappropriate Touching, Survives Summary Judgment
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In Villalobos v. Basis Educational Group LLC, No. CV-20-00850-PHX-DJH, 2022 WL 3647832 (D.Ariz. Aug. 24, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of retaliation asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. From the decision: Title VII and § 1981…

Read More This is Nuts: Retaliation Claim, Based in Part of “Harassment” Due to Employee’s Nut Allergy, Survives Summary Judgment
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In Villalobos v. Basis Educational Group LLC, No. CV-20-00850-PHX-DJH, 2022 WL 3647832 (D.Ariz. Aug. 24, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. From the decision: Here, Plaintiff alleges…

Read More Race-Based Hostile Work Environment, Based in Part on Comments Directed at Others, Survives Summary Judgment
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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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