Hostile Work Environment

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In Freud v. New York City Department of Education et al, 2023 WL 3103588 (2d Cir. April 27, 2023), the court affirmed the dismissal of plaintiff’s religion-based hostile work environment claim. From the decision: Freud has also failed to state a claim for hostile work environment, which requires him to plausibly allege that “the workplace…

Read More Title VII Religion-Based Hostile Work Environment Claim Properly Dismissed, 2d Circuit Holds
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In Rivas v. New York Lottery, 2023 WL 2968185 (N.D.N.Y. April 17, 2023), the court, inter alia, granted defendants’ to dismiss plaintiff’s complaint alleging a hostile work environment claim under Title VII of the Civil Rights Act of 1964. The court provides the following synopsis of the governing law, and its application to the facts…

Read More Title VII Hostile Work Environment Claim Dismissed, Notwithstanding Allegations of Screaming, Stalking, Bullying, Etc.
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In Smith v. CHR Medical Corporation et al, No. 3:22-cv-00743, 2023 WL 3065220 (M.D. Tenn. April 24, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claims alleged under Title VII of the Civil Rights Act of 1964 (based on gender) and the Age Discrimination in Employment Act (based on…

Read More Age/Gender-Based Hostile Work Environment Claims “Barely” Survive Dismissal
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In Colavecchia v. South Side Area School District, 2023 WL 3043777 (W.D.Pa. April 21, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Under the first prong, a court may conclude that sexual…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal; Allegations Included Repeated Sexual Comments
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In Hanafy v. Hill International, Inc., No. 22-878, 2023 WL 3010176 (E.D.Pa. April 19, 2023), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the Americans With Disabilities Act (ADA). After summarizing the black-letter law applicable to this claim, the court applied it to the facts: Plaintiff has not demonstrated he endured…

Read More Disability (Heart Condition)-Related Hostile Work Environment Claim Dismissed
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In Parker Waichman, LLP v. Mauro, No. 1215/12, 2019-13054, 2023 N.Y. Slip Op. 02014, 2023 WL 2994962 (N.Y.A.D. 2 Dept., Apr. 19, 2023), the court, inter alia, upheld a lower court’s finding in favor of defendant/counterclaim plaintiff’s sex-based hostile work environment claim asserted under the New York State Human Rights Law. The court summarized the…

Read More Sex-Based Hostile Work Environment Claim Upheld Against Law Firm
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In Schwartz v. Allstate Insurance Company, 2023 WL 2742059 (E.D.N.Y. March 31, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s religion and age-based hostile work environment claims. From the decision: Even if the Court were to consider the entire record, Plaintiff’s hostile work environment claim consists, at best, of Ferrara’s single “old…

Read More Age/Religion-Based Hostile Work Environment Claims Dismissed, Notwithstanding “Old Jewish Guy” Comment
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In Lloyd v. The Children’s Hospital of Philadelphia, No. 2:19-cv-02775-JDW, 2023 WL 2940229 (E.D. Pa. April 13, 2023), the court, inter alia, upheld a jury verdict in plaintiff’s favor on her “retaliatory hostile work environment” claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: It was reasonable for the…

Read More Court Upholds “Retaliatory Hostile Work Environment” Claim Against Children’s Hospital of Philadelphia
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In Bond v. New York City Health and Hospitals Corporation, No. 160658/13, 2022-00688, 35, 2023 N.Y. Slip Op. 01939, 2023 WL 2919893 (N.Y.A.D. 1 Dept. Apr. 13, 2023), the court, inter alia, affirmed the lower court’s denial of of defendant’s motion for summary judgment dismissing plaintiff’s hostile work environment/sexual harassment claim under the New York…

Read More Hostile Work Environment/Sexual Harassment Claim Survives Summary Judgment; Evidence Included Criticism Following Rejection of Sexual Advances
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In Yeaman v. City of Burley et al, No. 4:21-cv-00345-BLW, 2023 WL 2868575 (D.Idaho April 10, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. The court summarized the basis for its decision as follows: Here, Yeaman easily satisfies the first two elements of her…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Evidence Included Verbal and Physical Conduct
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