Hostile Work Environment

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In a recent decision, Lorraine A. Gittens-Bridges v. City of New York, Claudette , Dina Simon, Nadene Pinnock, Audwin Pemberton, Garland Barreto, 2023 WL 8825342 (2d Cir. Dec. 21, 2023), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the lower court’s grant of summary judgment on plaintiff’s age-based hostile work environment…

Read More Age-Based Hostile Work Environment Claims Properly Dismissed, Notwithstanding “Old School” Comment, Second Circuit Concludes
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In Price v. Valvoline, LLC, 2023 WL 8664627 (5th Cir. 2023), the court, inter alia, affirmed the dismissal of plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In sum, the court held that defendant terminated plaintiff’s employment due to his repeated absenteeism (and thus affirmed the…

Read More Title VII Race-Based Hostile Work Environment Dismissal Affirmed; “Boy” and “You People” Comments Deemed Insufficient in This Case
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In Marcus v. The City of New York, No. 152651/2022, 2023 WL 8570843 (N.Y. Sup Ct, New York County Dec. 11, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based hostile work environment claim . From the decision: Defendants’ motion to dismiss plaintiffs hostile work environment claim based upon her gender is…

Read More Sex and Disability-Based Hostile Work Environment Claims Sufficiently Alleged by NYPD Sergeant, Court Holds
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In Andrade v. Cultural Care, Inc., Michael Esposito, and Danielle Esposito, 2023 WL 8622653 (E.D.N.Y. Dec. 13, 2023), the court, inter alia, denied defendants’ motion for summary judgment dismissing plaintiff’s claims of employment discrimination and hostile work environment asserted under the New York State and City Human Rights Laws. In sum, plaintiff, an au pair,…

Read More Au Pair’s Hostile Work Environment and Constructive Discharge Claims, Arising From Discovery of Hidden Camera, Survive Summary Judgment
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In Krul v. Louis DeJoy, Postmaster General, United States Postal Service, 2023 WL 8449589 (N.D.N.Y. Dec. 6, 2023), the court, inter alia, granted defendant’s motion for summary judgment on her claim of sex-based hostile work environment. While the court determined that the plaintiff satisfied the subjective component of her claim, her claim faltered on its…

Read More Sex-Based Hostile Work Environment Claim Dismissed; “Mocking” of Voice Did Not Meet “Objectively Hostile” Standard
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In Roper, Kamala v. The City of New York, Frantz Souffrant, Joseph Antonio, No. 528198/2022, 2023 N.Y. Slip Op. 51299(U), 2023 WL 8247927 (Sup Ct, Nov. 28, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claims asserted under the New York State and City Human Rights Laws. After…

Read More NYPD Officer’s Sex-Based Hostile Work Environment Claims Survive Dismissal Under the NYS and NYC Human Rights Laws
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In Luo v. AIK Renovation Inc. et al, 23-cv-5878 (LJL), 2023 WL 8113437 (S.D.N.Y. Nov. 22, 2023), the court, inter alia, held that plaintiff sufficiently alleged hostile work environment claims based on his Chinese descent, and denied defendant’s motion to dismiss. After determining that plaintiff sufficiently allege disparate treatment, the court evaluated his hostile work…

Read More Hostile Work Environment Claims, Arising From Anti-Chinese and Anti-Black Slurs, Survive Dismissal
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In Kayode v. Merrick B. Garland, Case No. 1:22-cv-03802 (TNM), 2023 WL 8083638 (D.D.C. Nov. 21, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964. Here, in sum, plaintiff alleged that she was treated in a “rude”, “offensive”, and…

Read More Title VII Hostile Work Environment Claim, Based on Supervisor’s Conduct, “Barely” Survives Dismissal
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In Mesbah v. University of Louisville, Civil Action No. 3:22-CV-567-CHB, 2023 WL 6050232 (W.D.Ky. Sept. 15, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964 and the Kentucky Civil Rights Act. As to whether the alleged…

Read More Sexual Harassment Claims Sufficiently Alleged; Allegations Included Date Requests, Inappropriate Touching, and Staring
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In Weadd v. Thomas, 2023 WL 7385815 (E.D.La. Nov. 8, 2023), the court, inter alia, dismissed plaintiff’s sex discrimination claim, asserted under Title VII of the Civil Rights Act of 1964, due to her failure to exhaust administrative remedies at the U.S. Equal Employment Opportunity Commission. From the decision: Here, Ms. Weadd’s EEOC charge only…

Read More Title VII Sex Discrimination, Hostile Work Environment Claims Held Not Administratively Exhausted Before the EEOC
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