Hostile Work Environment

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In Doe v. Pennsylvania Dept. of Corrections et al, No. 4:19-CV-01584, 2022 WL 3219952 (M.D.Pa. Aug. 9, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s gender-based hostile work environment and constructive discharge claims asserted under the Equal Protection Clause. As to plaintiff’s hostile work environment claim, the court explained: Here,…

Read More Sex-Based Hostile Work Environment and Constructive Discharge Claims, Asserted Under the Equal Protection Clause, Survive Summary Judgment
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In Frehoo, Inc. v. Bureau of Labor and Industries, 510 P.3d 888, 901, 319 Or. App. 548 (Or. App. May 18, 2022), the Court of Appeals of Oregon held that the evidence supported the conclusion by Oregon’s Bureau of Labor and Industries (BOLI) that an adult-entertainment establishment subjected an underage dancer to hostile work environment…

Read More Underage Exotic Dancer & Trafficking Victim Was Subject to Sexual Harassment, Court Holds
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In Gray v. Koch Foods, Inc. et al, 2022 WL 141533 (M.D.Ala. Jan. 14, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: The facts at issue here do not…

Read More Sexual Harassment Claim Survives Summary Judgment; Conduct Was Sufficiently “Severe” Even if Not “Pervasive”
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In Harris v. N.Y.C. Human Resources Administration et al, 20 Civ. 2011 (JPC), 2022 WL 3100663 (S.D.N.Y. Aug. 4, 2022), the court, inter alia, held that plaintiff sufficiently alleged age-based hostile work environment claims (in part) asserted under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York…

Read More Age-Based Hostile Work Environment Claims Survive, in Part, Against the N.Y.C. Human Resources Administration
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In Karamatic v. Peyton Resource Group, L.P., No. 3:21-CV-02304-N, 2022 WL 2972222 (N.D.Tex. July 26, 2022), the court, inter alia, held that plaintiff sufficiently alleged hostile work environment sexual harassment in violation of Title VII of the Civil Rights Act of 1964. In concluding that plaintiff’s complaint adequately alleged actionable sexual harassment, the court explained:…

Read More Sexual Harassment Hostile Work Environment Claim Sufficiently Alleged, Holds Texas Court
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In Robinson v. Attractions Lodging, Inc., 6:20-cv-32-EJK, 2022 WL 2904869 (M.D.Fla. July 22, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race and national origin based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: As to Plaintiff’s claim that the…

Read More Race/National Origin-Based Hostile Work Environment Claims Survive Summary Judgment
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In Diaz v. Poly Prep Day School, 2022 WL 2803259 (E.D.N.Y. July 18, 2022), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of hostile work environment under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the decision: Plaintiff has failed to allege…

Read More Race, National Origin-Based Hostile Work Environment Claims Dismissed Against Poly Prep Day School
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In Malone v. Town of Clarkstown et al, 19-cv-5503, 2022 WL 2834105 (S.D.N.Y. July 20, 2022), the court, inter alia, denied defendant’s motion for partial summary judgment on plaintiff’s hostile work environment claim (based on the conduct of a specific person) under Title VII of the Civil Rights Act of 1964. The defendant argued that…

Read More Hostile Work Environment Claim Survives Summary Judgment; Decision Highlights Need to View Evidence in the Aggregate
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In Black v. Buffalo Meat Service, Inc., d/b/a Boulevard Black Angus, 21-1468, 2022 WL 2902693 (C.A.2 July 22, 2022), the court affirmed the lower court’s award of summary judgment dismissing plaintiff’s race-based hostile work environment and constructive discharge claims. From the decision: Next, even assuming Black has standing to pursue her constructive discharge claims, we…

Read More Single Racial Slur Insufficient to Establish Hostile Work Environment or Constructive Discharge, Second Circuit Holds
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In Banks v. Cypres Chase Condominium Association B, Inc. and Andre Bujold, No. 22-60747-CIV-MORENO, 2022 WL 2870127 (S.D.Fla. July 21, 2022), the court, inter alia, held that plaintiff did not sufficiently allege a race-based hostile work environment claim under 42 U.S.C. § 1981, and accordingly dismissed it under Federal Rule of Civil Procedure 12(b)(6). From…

Read More “You People” Comment Insufficient to Allege Race-Based Hostile Work Environment Claim, Court Rules
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