Hostile Work Environment

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A recent decision, Estevez v. Berkeley College et al, 18-cv-10350, 2021 WL 3115452 (S.D.N.Y. July 19, 2021), once again discusses when alleged gender-based conduct crosses the line and becomes an actionable “hostile work environment.” As the court’s detailed decision addresses a number of additional issues (including whether the alleged conduct was “because of” plaintiffs’ sex),…

Read More Hostile Work Environment Claim Dismissed; Comments About Appearance Were Not “Severe or Pervasive”
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In New York State Division of Human Rights v. Hawk, 2021 N.Y. Slip Op. 03687, 2021 WL 2389091 (N.Y. App. Div. 4th Dept. June 11, 2021), the court enforced orders issued by the New York State Division of Human Rights that found respondents Ronald E. Hawk and Big Money Jim, Inc., doing business as Chaffee…

Read More $10,000 Awarded in Sexual Harassment Case Against Chaffee Flatts and Owner
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In Corradino v. Liquidnet Holdings Inc. & Seth Merrin, 19 Civ. 10434, 2021 WL 2853362 (S.D.N.Y. July 8, 2021) (J. Schofield), the court, inter alia, held that the plaintiff sufficiently alleged “hostile work environment” sexual harassment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York…

Read More Sexual Harassment / Hostile Work Environment Sufficiently Alleged Against Liquidnet Holdings, Court Holds
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While I typically write about new developments in the law, every so often I come across a court decision that, while older, is interesting enough to warrant discussion here. One such case is Iannone v. Frederic R. Harris, Inc., 941 F.Supp. 403 (S.D.N.Y. 1996). In sum, the plaintiff here was terminated, she alleges, in retaliation…

Read More Retaliation Claim, Arising From Expressed Concerns About “Racy” Photo, Survives Dismissal
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In Garcia v. NYC Health & Hospitals Corp., No. 157098/2020, 2021 WL 2688488 (N.Y. Sup Ct, New York County June 28, 2021), the court, inter alia, held that plaintiff (a homosexual Hispanic male who alleges he suffers from panic disorder, anxiety, post-traumatic stress disorder (PTSD), claustrophobia, and HIV) sufficiently alleged a claim for hostile work…

Read More Hostile Work Environment Claim Sufficiently Alleged Under NYC Human Rights Law Against NYC Health & Hospitals Corp.
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In Betances v. Popular Bank, No. 157355/2019, 2021 WL 2651094 (N.Y. Sup Ct, New York County June 23, 2021), the court, inter alia, dismissed plaintiffs’ hostile work environment sexual harassment claims under the New York City Human Rights Law. From the decision: To establish a hostile work environment claim under the NYCHRL, “the primary issue…

Read More Sexual Harassment / Hostile Work Environment Claims Dismissed Against Popular Bank
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In Bernheim v. New York City Department of Education et al, 2021 WL 2619706 (S.D.N.Y. June 25, 2021), the court, inter alia, recommended the dismissal of plaintiff’s age- and disability-based hostile work environment claims asserted under the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the New York State Human Rights Law.…

Read More Teacher’s Hostile Work Environment Claims Dismissed
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In Lewis v. Kaleida Health, No. 20-cv-1860, 2021 WL 2592341 (W.D.N.Y. June 24, 2021), the court granted defendant’s motion to dismiss plaintiff’s age discrimination claim, asserted under the Age Discrimination in Employment Act of 1967 (ADEA). From the decision: “While discrete claims of discrimination and retaliation must be brought within the 300-day limitations period to…

Read More Age-Based Hostile Work Environment Claim Dismissed; Age and Seniority Alone Sufficient
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In Argoti v. Equinox Holdings, Inc., No. 152903/2019, 2021 WL 2480058 (N.Y. Sup Ct, New York County June 17, 2021) – an employment discrimination / hostile work environment case –  the court, inter alia, denied defendants’ motion to compel information regarding plaintiff’s medical treatment, which they contend was relevant to plaintiff’s claim for emotional distress…

Read More Hostile Work Environment Plaintiff May Refrain, For Now, From Producing Medical Discovery Relating to Emotional Distress Damages
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In Wright v. Compass Group USA, No. 516793/2018, 2021 WL 2354877 (N.Y. Sup Ct, Kings County June 08, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment (hostile work environment) claims asserted under the New York State and City Human Rights Laws (NYSHRL and NYCHRL, respectively). The court summarized…

Read More Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment Against Compass Group USA
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