Hostile Work Environment

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In Matewos v. National Beverage Corporation, 2022 WL 13763262 (Wash.App. Div. 1 Oct. 24, 2022), the court, inter alia, reversed the lower court’s summary judgment dismissal of plaintiff’s claim of a race-based hostile work environment under the Washington Law Against Discrimination. From the decision: Shasta argues Cannady and Roberts failed to raise a genuine issue…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Racist Graffiti
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In Taylor v. Kaiser Foundation Health Plan of Colorado, No. 21-cv-00012-NYW-NRN, 2022 WL 16855697 (D.Colo. Nov. 10, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of a race-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: The Court finds that…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment, Notwithstanding Lack of “Overt” Racial Statements or Slurs
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In Estevez v. Berkeley College et al, 2022 WL 16843460 (2d Cir. Nov. 10, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s sex-based hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the decision: With respect to the Employees’…

Read More 2nd Circuit Affirms Dismissal of Hostile Work Environment Claims Against Berkeley College
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In a recent case, Martino v. Chenel Capital, LLC et al, No. 154267/2022, 2022 WL 16743358 (N.Y. Sup Ct, New York County Nov. 02, 2022), the court granted plaintiff’s motion for a default judgment against defendants. This decision provides some insight into the nuts-and-bolts of obtaining a default judgment, following the defendants’ failure to answer…

Read More Sexual Harassment Default Judgment Issued; Liability and Damages to be Determined at Inquest
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In Hester v. Board of Education of Prince George’s Cnty., Civil Action No. TDC-22-0128, 2022 WL 7088293 (D.Md. October 12, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of a sex-based hostile work environment in violation of Title VII of the Civil Rights Act of 1964. As to whether the alleged…

Read More Teacher’s Title VII Sex/Sexual Orientation-Based Hostile Work Environment Claim Survives Dismissal
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In Wells-Marshall v. Auburn University et al, 2022 WL 16701108 (M.D.Ala. 2022), the court dismissed plaintiff’s race-based hostile work environment claim. From the decision: Wells-Marshall avers that, over the course of several months, she inherited a “sinking ship” of a department, she was verbally berated by a subordinate who she wanted to reprimand but who…

Read More Race-Based Hostile Work Environment Claim Dismissed Against Auburn University
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In Qin v. Vertex, Inc., No. 20-2423-JMY2022 WL 10493574 (E.D.Pa. Oct. 18, 2022), the court granted defendant’s motion for summary judgment on plaintiff’s hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. From the decision: In this case, Plaintiff’s showing of a hostile work…

Read More Hostile Work Environment Claims, Based on Comments Embodying “Tropes” of Plaintiff’s Status as a Chinese Man, Dismissed
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In Blanchard v. Tulane University, Civil Action No. 22-260, 2022 WL 13733195 (E.D.La. Oct. 21, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. Here is the court’s analysis of that issue: Defendant…

Read More Race-Based Harassment/Hostile Work Environment Survives Motion to Dismiss Against Tulane University
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In Blanchard v. Tulane University, Civil Action No. 22-260, 2022 WL 13733195 (E.D.La. Oct. 21, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. This aspect of the decision concerns Title VII’s “administrative exhaustion” requirement, which, in sum, requires an…

Read More Retaliation Claim, Arising Out of EEOC Charge, Survives Dismissal
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In Lintenich v. PFTN Columbia, LLC d/b/a Planet Fitness, Case No. 1:21-cv-00036, 2022 WL 14812633 (M.D.Tenn. October 25, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment. The evidence included the following messages sent to plaintiff (the last of which was a voice message):…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment Against Gym; Evidence Included Sexual Text and Voice Messages
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