Hostile Work Environment

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In Pascua v. Jewel Food Stores, Inc., 20 C 2510, 2022 WL 1045639 (N.D.Ill. April 7, 2022), the court granted defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law – including the element that the alleged…

Read More Title VII Sex-Based Hostile Work Environment Claim Dismissed; “Rude” and “Unprofessional” Behavior Was Insufficiently Connected to Gender
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In Clayton v. Dreamstyle Remodeling of Colorado, LLC, 20–cv–02096, 2022 WL 910957 (D.Colo. March 28, 2022), the court, inter alia, held that plaintiff’s hostile work environment sexual harassment claim, asserted under Title VII of the Civil Rights Act of 1964, survived summary judgment. From the decision: To defeat a motion for summary judgment, the plaintiff…

Read More Sexual Harassment Claim Survives Summary Judgment; Evidence Included Sexual Comments, Photographs
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In Blackmore v. Fossner Timepieces Clock Shop, Inc., No. 159279/2021, 2022 WL 912138 (N.Y. Sup Ct, New York County Mar. 29, 2022), the court, inter alia, dismissed plaintiff’s claim for intentional infliction of emotional distress, arising (in sum) from smoking, and alleged sexist and racist comments, in the workplace. This case illustrates the incredibly high…

Read More Intentional Infliction of Emotional Distress Claim, Arising From Alleged Smoking and Racist/Sexist Comments at Work, Dismissed
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In Kinwing (Ricky) Kwong v. The City of New York et al., No. 152932/13, 15574, 2021-00645, 2022 N.Y. Slip Op. 02342, 2022 WL 1038073 (N.Y.A.D. 1 Dept., Apr. 07, 2022), the court, inter alia, affirmed the lower court’s denial of defendants’ motion for summary judgment on plaintiff’s hostile work environment claims. From the decision: The…

Read More Hostile Work Environment Claims, Based on Mocking of Accent, May Proceed
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In Friederick v. Passfeed, Inc., Attila Sary et al, 21-cv-2066, 2022 WL 992798 (S.D.N.Y. March 31, 2022), the court, inter alia, held that plaintiff sufficiently alleged “hostile work environment” sexual harassment claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human…

Read More Hostile Work Environment Sexual Harassment Claims Sufficiently Alleged; Contentions Included Inappropriate Sexual Comments
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In Friederick v. Passfeed, Inc., Attila Sary et al, 21-cv-2066, 2022 WL 992798 (S.D.N.Y. March 31, 2022), the court, inter alia, held that plaintiff sufficiently alleged quid pro quo sexual harassment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. In…

Read More Sexual Harassment Claims Sufficiently Alleged, Based on Rejection of Supervisor’s Alleged Sexual Advances
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In Olin v. Rochester City School District, 2022 WL 967707 (W.D.N.Y. March 31, 2022), the court, inter alia, dismissed plaintiff’s gender-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. This decision illustrates that a work environment that might be considered…

Read More Hostile Work Environment Claim Dismissed; “Rude”, “Mean” Actions Insufficient
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In Campo v. City of New York et al, 2022 WL 970730 (E.D.N.Y. March 31, 2022), the court, inter alia, denied defendants’ motion for summary judgment as to several claims, including plaintiff’s “supervisory liability” claim against several individual defendants in connection with her sexual harassment claim. This decision is instructive as to how courts assess…

Read More Sexual Harassment (Hostile Work Environment) Claim Proceeds Against Individual Defendant on “Aiding and Abetting” / “Negligent Supervision” Theory
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In Fitzgerald v. The We Company d/b/a WeWork et al, 20 Civ. 5260, 2022 WL 952963 (S.D.N.Y. March 30, 2022), the court, inter alia, granted defendants’ motion for summary judgment dismissing plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, Fitzgerald describes…

Read More Sexual Harassment (Hostile Work Environment) Claim Dismissed; “Vulgar and Inappropriate” Conduct Did Not Meet Title VII Standard
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In Legg et al v. Ulster County et al, 2022 WL 909045 (N.D.N.Y. March 29, 2022), the court, inter alia, held that the jury’s award of $200,000 to one sexual harassment plaintiff was excessive, and that under the facts of the case, a new trial would be granted unless they agreed to accept $75,000. The…

Read More Sexual Harassment Plaintiff’s Emotional Distress Damages Remitted to $75,000
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