Hostile Work Environment

In Romano v. A360 Media, LLC, No. 1:20-cv-08988-LTS-OTW, 2023 WL 348459 (S.D.N.Y. Jan. 20, 2023), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s complaint alleging a sex-based hostile work environment 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 Sex-Based Hostile Work Environment Claims Dismissed, Notwithstanding Alleged “Unwanted Personal Questions”
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In a recent case, Pitter-Green v. NYU Langone Medical Center, No. 155386/2021, 2022 WL 17751149, 2022 N.Y. Slip Op. 34276(U) (N.Y. Sup Ct, New York County Dec. 16, 2022), the court granted defendant’s motion for summary judgment on plaintiff’s race-based discriminatory discharge claims. It did, however, reject defendant’s attempt to invoke the so-called “same-actor inference”…

Read More “Same Actor Inference” Held Inapplicable, Yet Race Discrimination Claims Dismissed Against NYU Langone
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In Shaw v. University of Maryland, 2023 WL 1767455 (D.Md. Feb. 3, 2023), the court granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. This case illustrates the level of factual specificity courts require when assessing such a claim based on a plaintiff’s allegations in their complaint. From the decision: Here, the Defendants…

Read More Hostile Work Environment Claim, Based on Unasserted Contention, Dismissed
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In Judson v. Elliott Management Corp., No. 652185/2021, 2023 WL 1800998 (N.Y. Sup Ct, New York County Feb. 06, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s age-based hostile work environment claim asserted under the New York City Human Rights Law. From the decision: While Plaintiff cannot state a claim for hostile…

Read More Age-Based Hostile Work Environment Sufficiently Alleged Against Elliott Management Corp.
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In a recent decision, Young v. Colorado Department of Corrections et al, No. 22-cv-00145-NYW-KLM, 2023 WL 1437894 (D.Colo. Feb. 1, 2023), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. Generally, in order to prevail on a hostile work environment claim (under…

Read More Mandatory Trainings Using Terms Such as “White Fragility” & “White Supremacy” Did Not Give Rise to Hostile Work Environment Claim, Court Holds
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In Ortiz v. Federal Bureau of Prisons et al, 2023 WL 1447920 (E.D.Cal. Feb. 1, 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. After summarizing the “black letter” law governing this claim, the court applied it…

Read More Sex-Based Hostile Work Environment Claim Dismissed; Alleged Yelling, Glaring, Etc. Insufficient
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In Skinner v. American Pollution Control Corp, 2023 WL 186950 (W.D.La. Jan. 13, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. This case involves repeated use of the “N word” in the presence of plaintiff, an African American man. From the decision: AMPOL also argues…

Read More Race-Based Hostile Work Environment Claim, Based on Survives Summary Judgment
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In Walker v. Northern Pipe & Supply, LLC, Dkt. No. HHD-CV-19-6119581-S, 2023 WL 196032 (Conn. Super. January 11, 2023), the court, inter alia, held that plaintiff presented sufficient evidence to survive summary judgment on her hostile work environment sexual harassment  and other related claims. From the decision: The defendants argue that there is insufficient evidence…

Read More Sexual Harassment, Constructive Discharge, Negligent Hiring/supervision Claims Survive Summary Judgment; Evidence Included Penis, Boobs, Bikini Comments
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In Jahan v. New York City Health and Hospitals Corp., No. 158707/2021, 2023 WL 173200, 2023 N.Y. Slip Op. 30107(U) (N.Y. Sup Ct, New York County Jan. 11, 2023), the court, inter alia, held that plaintiff – a woman of Indian ethnicity, Muslim religion, and Bangladesh national origin – sufficiently alleged a hostile work environment…

Read More Hostile Work Environment Claim, Based in Part on Alleged Harassment During Ramadan, Survives Dismissal
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In Zepeda v. Halftime Bar & Grill Corp., 2023 WL 266504 (E.D.N.Y. Jan. 18, 2023), a hostile work environment/sexual harassment case, the court, inter alia, awarded plaintiff $25,000 in emotional distress damages following defendants’ default. From the decision: For “garden variety” emotional distress claims, where a plaintiff did not seek medical treatment but the plaintiff’s…

Read More Sexual Harassment Plaintiff Awarded $25,000 in Emotional Distress Damages Following Defendants’ Default
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