Hostile Work Environment

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In Jaffery v. Downtown Pharmacy, Inc., et al, 20 Civ. 3437, 2021 WL 1199074 (S.D.N.Y. March 30, 2021) (J. Daniels), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s discrimination and hostile work environment claims under 42 USC § 1981. From the decision: Here, Plaintiff alleges both a hostile work environment and discriminatory adverse employment…

Read More Section 1981 Employment Discrimination Claim Survives Dismissal Against Pharmacy
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In Cascalenda v. City of New York, No. 157807/2020, 2021 WL 1156597 (N.Y. Sup Ct, New York County Mar. 26, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of disability discrimination, hostile work environment, and constructive discharge. The facts, as summarized by the court: Plaintiff began his employment with the New…

Read More NYPD Employee’s Medical Marijuana-Related Discrimination Claims Survive Dismissal
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In Espinosa v. Weill Cornell Medical College, 18 Civ. 11665, 2021 WL 1062592 (S.D.N.Y. March 19, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claim 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 Gender-Based Hostile Work Environment Claim Against Weill Cornell Medical College Survives Summary Judgment
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In Root v. Salamanca Central School District, No. 20-00123, 882, 2021 N.Y. Slip Op. 01634, 2021 WL 1049730 (N.Y.A.D. 4 Dept. Mar. 19, 2021), a sexual harassment case, the court upheld a lower court decision denying defendants’ motion to dismiss plaintiff’s claims against defendants (but modified the order to dismiss plaintiff’s amended complaint against individual…

Read More Teacher’s Sexual Harassment Case Continues Against Upstate School District
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In Rodriguez v. Newmark & Co. Real Estate, Inc., No. 158325/2019, 2021 WL 1040524 (N.Y. Sup Ct, New York County Mar. 18, 2021), the court granted defendants’ motions to dismiss plaintiff’s complaint, or in the alternative, stay this action to compel arbitration of plaintiff’s gender discrimination, sexual harassment, retaliation, and aiding-and-abetting-discrimination claims. The crux of…

Read More Union Member’s Sexual Harassment and Discrimination Claims Must Be Arbitrated, Court Holds
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In Tromblee v. The State of New York et al, 19-cv-0638, 2021 WL 981847 (N.D.N.Y. March 16, 2021), the court, inter alia, held that plaintiff’s hostile work environment sexual harassment claim “far exceed[ed] legal sufficiency.” While defendants did not move to dismiss this claim, the court’s discussion is nevertheless instructive. The court summarized the “black…

Read More Sexual Harassment / Hostile Work Environment Claim Held Legally Sufficient; Allegations Include Sexually Demeaning Language & Touching
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In Comerford v. Village of North Syracuse et al, 2021 WL 950974 (N.D.N.Y. March 12, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claim. As to the “objectively severe or pervasive” prong of the analysis, the court explained: Plaintiff provided evidence of the following treatment and…

Read More Gender-Based Hostile Work Environment Claim Survives Against Village of North Syracuse et al
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From Wilson v. JPMorgan Chase Bank, N.A., James Dimon, et al, 2021 WL 918770, at *5 (S.D.N.Y., 2021), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s race-based hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: [Plaintiff’s] NYSHRL hostile work environment claim fails for…

Read More Race-Based Hostile Work Environment Claims Dismissed Against Chase Bank
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In Whipple v. Reed Eye Associates, 15-CV-6759L, 2021 WL 852039 (W.D.N.Y. March 8, 2021), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claim. While the court ultimately ruled against the plaintiff on the merits, this decision is nevertheless instructive as to how courts evaluate the situation where some events…

Read More Court Dismisses Sex-Based Hostile Work Environment Claims; Discusses “Out-of-Office” Conduct
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In Moazzaz v. MetLife, Inc. et al, 2021 WL 827648 (S.D.N.Y. March 4, 2021) (J. Oetken), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of gender-based hostile work environment under the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL). Here is the court’s discussion…

Read More Gender-Based Hostile Work Environment Claims Sufficiently Alleged Against MetLife
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