Hostile Work Environment

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In Zheng-Smith v. Nassau Health Care Corporation, 2021 WL 4097316 (2d Cir. Sept. 9, 2021), the court, inter alia, affirmed summary judgment in favor of defendant on plaintiff’s race and national origin based hostile work environment claim. The court summarized the applicable black-letter law as follows: Hostile work environment claims under both Title VII and…

Read More Mocking of Accent, While Evidence of “Insult or Ridicule”, Insufficient to Support Hostile Work Environment Claim
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In Bonterre v. City of New York et al, 18 Civ. 745, 2021 WL 4060358 (SDNY Sept. 7, 2021), the court, inter alia, denied defendants’ motion – under Federal Rule of Civil Procedure 12(c) – to dismiss plaintiff’s sexual harassment / hostile work environment claim. The court explained: In [the Second] Circuit, courts determining whether…

Read More Sexual Harassment Claim, Based on “Broomstick” Incident, Survives Dismissal
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In Thompson v. South Amboy Comprehensive Treatment Center, 2021 WL 3828833 (D.N.J. Aug. 27, 2021), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. Here, plaintiff alleges that her former supervisor (Edwin Rivera) sexually assaulted her during a weekend outing in Atlantic City, and that her…

Read More Single Incident of Alleged Sexual Assault Supports Sexual Harassment / Hostile Work Environment Claim
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In Erazo-Vazquez v. State Industrial Products Corp., 16-2709, 2021 WL 3910248 (D.Puerto Rico Aug. 31, 2021), the court, inter alia, dismissed plaintiff’s age-based hostile work environment claim. Initially, the court cautioned against “blurring” the distinction between hostile work environment claims, on the one hand, and discrimination and retaliation claims, on the other: Plaintiff’s allegations closely…

Read More Hostile Work Environment Claim Dismissed; Court Cautions Against “Repurposing” Discrete Acts Supporting Discrimination and Retaliation Claims
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In Sansone v. Jazz Casino Company, LLC D/B/A Harrah’s Casino, No. 20-30640, 2021 WL 3919249 (5th Cir. Sept. 1, 2021), the U.S. Court of Appeals for the Fifth Circuit reversed the dismissal of plaintiff’s hostile work environment / sexual harassment claim. Plaintiff – a baccarat dealer – alleged, among other things, that she was harassed…

Read More Customer-Based Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment Against Harrah’s
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In Johnson v. Ford Motor Company, 2021 WL 3928920 (6th Cir. Sept. 2, 2021), the court reversed the lower court’s Order granting defendant’s motion for summary judgment on plaintiff’s claim of race-based hostile work environment/harassment under 42 U.S.C. § 1981. From the decision: [T]he district court erred in granting summary judgment to Ford on the…

Read More “Intertwined” Race/Sex Harassment Claim Survives Summary Judgment Against Ford Motor Company
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In a recent case emanating from the Northern District of Illinois, Miller v. Northeast Illinois Regional Commuter Railroad Corp., No. 20 C 414, 2021 WL 3883080 (N.D.Ill. Aug. 31, 2021), the court denied defendants’ motion to dismiss plaintiff’s claim of sexually hostile work environment. This case is instructive as to how courts evaluate the situation…

Read More Sexual Harassment Claim, Based on Photo and Vulgar Comments, Sufficiently Alleged
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In Harris v. NYC Human Resources Administration et al, 20-cv-2011, 2021 WL 3855239 (S.D.N.Y. Aug. 27, 2021), the court, inter alia, dismissed plaintiff’s gender- and age-based hostile work environment claims under, respectively, Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. As to plaintiff’s gender-based claim, the court…

Read More Age, Gender-Based Hostile Work Environment Claims Dismissed Against NYC Human Resources Administration
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In Tantaros v. Fox News Network, LLC, No. 20-3413 (2d Cir. Aug. 27, 2021), the court affirmed the district court’s denial of plaintiff Andrea Tantaros’ motion to remand her sexual harassment case to state court. Plaintiff had initially sued in state court, asserting that under New York law (specifically, NY CPLR 7515) her case was…

Read More Andrea Tantaros’ Sexual Harassment Case to Remain in Federal Court
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In Wolfe v. Carter’s, Inc., 19-cv-560, 2021 WL 3562911 (S.D. Ohio Aug. 11, 2021), the court recommended the dismissal of plaintiff’s “quid pro quo” and “hostile work environment” sexual harassment claims asserted under Title VII of the Civil Rights Act of 1964. This case is instructive regarding, for example, the circumstances under which “requests for…

Read More Sexual Harassment Complaint Dismissal Recommended; Invitations Did Not Amount to “Unwelcome” Conduct Comprising “Sexual Advances or Favors”
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