Hostile Work Environment

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In Johnson v. The City of Troy et al, 1:20-cv-1279 (MAD/TWD), 2023 WL 2587945 (N.D.N.Y. March 21, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the “black letter” law governing this claim,…

Read More Title VII Race-Based Hostile Work Environment Claim Survives Summary Judgment Against City of Troy
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In a recent case, High v. Wells Fargo Bank, 2023 WL 2505540 (E.D.Va. March 14, 2023), the court offered interpretive guidance on 42 U.S.C. § 1981 which, generally, prohibits race discrimination in the making and enforcement of contracts (which has been interpreted to mean the “at will” employment relationship). While Title VII of the Civil…

Read More Court Discusses 42 U.S.C. § 1981’s Applicability Where National Origin Discrimination is Alleged
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In Schlegel v. Finney County, Kansas, Board of Commissioners, No. 21-1288-JAR-KGG, 2023 WL 2428900 (D.Kan. March 9, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sexual orientation-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Here, Plaintiff points to no single…

Read More Sexual Orientation-Based Hostile Work Environment Claim Survives Summary Judgment
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In Walker v. Christine E. Wormuth, Secretary of the Army, 2023 WL 2428903 (D.Kan. March 9, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Defendant argues that the Court must dismiss this claim…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal; Court Cites “Troublemaker” and “Angry Black Woman” Comments
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In McKenzie v. Southern Nuclear Operating Company, 2023 WL 2403778 (S.D.Ga. March 8, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s race- and gender-based hostile work environment claims. From the decision: At most, there are only two allegations Plaintiff has made that can be connected in any way to her race or…

Read More Hostile Work Environment Claim Dismissed; Comment About Plaintiff’s Thighs, “Baby Daddy” Insufficient
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In Stein v. Town of Greenburgh et al, No. 21-CV-05673 (PMH), 2023 WL 2432574 (S.D.N.Y. March 8, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. Here’s the core of court’s decision on that point: A claim…

Read More Title VII Sex-Based Hostile Work Environment Claim Survives Dismissal; “Continuing Violation” Doctrine Applied
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In Baez v. Amazon.com Services, LLC, 2023 WL 2390539 (E.D.N.Y. March 7, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s national origin-based hostile work environment claim. After summarizing the “black letter” law applicable to this claim, the court applied it to the facts, as follows: Here, Plaintiff alleges that ever since the…

Read More National Origin-Based Hostile Work Environment Dismissed Against Amazon
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In Pattanayak v. Mastercard Inc., 2023 WL 2358826 (2d Cir. March 6, 2023), the U.S. Court for the Second Circuit affirmed the dismissal of plaintiff’s hostile work environment claim. From the decision: Pattanayak alleges a hostile work environment based on a handful of incidents that do not amount to “severe or pervasive” conduct. Harris, 510…

Read More Hostile Work Environment Dismissal Affirmed; Conduct Occurring Over Two Years and Concerning Different Departments and Supervisors
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In Garza v. Antony Blinken, Secretary of United States Department of State, 2023 WL 2239352 (D.D.C. Feb. 27, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff’s allegations against Favret do not amount…

Read More Title VII Sex-Based Hostile Work Environment Claim Dismissed; Staring at Breasts, Among Other Conduct, Deemed Insufficient by Court
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In Hernandez v. Kwiat Eye and Laser Surgery, PLLC, 2023 WL 372105 (N.D.N.Y. Jan. 24, 2023), the court, inter alia, dismissed plaintiff’s sex-based hostile work environment claims. This is, unfortunately, yet another example of unpleasant, arguably sex-based conduct – when viewed through the lens of the applicable legal standard – does not rise to the…

Read More Sex-Based Hostile Work Environment Claims Dismissed; “Vagina” Comments Insufficient
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