Hostile Work Environment

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In Gulchuk v. Titan Surgical Group, LLC, 2023 WL 4366363 (W.D.Mo. July 6, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s religion-based hostile work environment claim. From the decision: To survive a motion to dismiss a hostile work environment claim, a plaintiff must allege facts showing: (1) he is a member of…

Read More Religion-Based Hostile Work Environment Claim, Based on Mocking and Harassing of Religious Beliefs, Survives Dismissal
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In Goodson v. County of Plumas et al, 2023 WL 4678990 (E.D.Cal. July 21, 2023), the court, inter alia, held that plaintiff proved that she was subjected to sexual harassment under Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act – but that, as noted below, defendants…

Read More Sexual Harassment Claims Survive, in Part; Evidence Included Sexual Comments and Touching
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In Steiner v. Giant of Maryland, LLC, 2023 WL 4421373 (D.Del. July 10, 2023), the court dismissed plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In reviewing a hostile work environment claim, the Court must look to the totality of the circumstances…

Read More Recent Decision Illustrates Demanding Standard for Proving a Title VII Hostile Work Environment Sexual Harassment Claim
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In Martino v. Chenel Capital, LLC, No. 154267/2022, 2023 WL 4547887 (N.Y. Sup Ct, New York County July 11, 2023), the court dismissed plaintiff’s claims for hostile work environment asserted under the New York State and City Human Rights Laws. Defendant failed to appear, and an inquest was held. From the decision: Here, the defendant’s…

Read More Hostile Work Environment Claims Dismissed; Alleged Discomfort Insufficient; Damages Not Proven
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In EEOC v. 98 Starr Road Operating Co., LLC, 2023 WL 4557751 (D.Vt. July 17, 2023), the court denied defendant’s motion to dismiss plaintiffs’ race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In this case, the complaint alleges repeated incidents of racial insults (including the “n-word”), physical…

Read More Title VII Race-Based Hostile Work Environment Claim, Arising From Patient Conduct, Survives Dismissal
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In Xiamin Zeng, AKA Aimee Zane v. New York City Housing Authority, 2023 WL 4553416 (2d Cir. July 17, 2023), the U.S. Court of Appeals for the Second Circuit vacated the lower court’s summary judgment dismissal of plaintiff’s race- and sex-based hostile work environment claims. Here is the crux of the court’s decision as to…

Read More 2nd Circuit, Citing Racist & Sexist Slurs, Revives Hostile Work Environment Claims From Summary Judgment Dismissal
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In Fraze v. American Behavioral Health Systems, Inc., 2023 WL 4532429 (W.D.Wash. July 13, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. As to whether the alleged conduct was sufficiently “severe or pervasive,” the court explained:…

Read More Sexual Harassment Claim Survives Summary Judgment; Allegations Included Assault
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In Roper v. City of Cincinnati, 2023 WL 4466974 (S.D.Ohio July 11, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim, due to plaintiff’s failure to exhaust his administrative remedies as to that claim. From the decision: To bring a hostile work environment claim, a plaintiff needs to point…

Read More Hostile Work Environment Claim Dismissed For Failure to Exhaust Administrative Remedies
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In U.S. Equal Employment Opportunity Commission v. Key Management Partners, Inc., 2023 WL 4351337 (D.Md. July 5, 2023), the court granted plaintiff’s motion for a default judgment as to plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Title VII also prohibits an employer from retaliating against…

Read More Retaliation Claim, Based on Firing Shortly After Complaint About Sexual Harassment, Sufficiently Alleged For Default Judgment Purposes
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In Pesantez v. The City of New York, No. 154734/2022, 2023 WL 4401359 (N.Y. Sup Ct, New York County July 07, 2023), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment claim (in part). From the decision: Plaintiff has not sufficiently plead all of his hostile work environment claims under the…

Read More Disability-Based Hostile Work Environment Claim Survives Dismissal
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