In Mera v. Milos HY, Inc., No. 150880/2022, 2022 WL 7613323, 2022 N.Y. Slip Op. 33462(U), 16 (N.Y. Sup Ct, New York County Oct. 12, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment asserted under the New York State and City Human Rights Law. From the decision: Plaintiffs succeed…
Read More Hostile Work Environment Claims Sufficiently Alleged By Restaurant EmployeesIn Aykac v. City of New York, No. 805009/2022, 2022 WL 11926504 (N.Y. Sup Ct, New York County Oct. 20, 2022), the court, inter alia, dismissed plaintiff’s disability-based discrimination and hostile work environment claims. As to plaintiff’s hostile work environment claim, the court explained: With respect to the plaintiff’s contention that he was subjected to…
Read More Disability-Based Hostile Work Environment Claim Dismissed; “Fat”, “Malingerer” Comments InsufficientIn Belvin et al v. Electchester Management, LLC, 2022 WL 10586743 (E.D.N.Y. Oct. 18, 2022) – in which plaintiffs assert claims of, inter alia, hostile work environment – the court ruled on various motions in limine filed by the parties. In one motion, defendant asked the court to preclude testimony from two nonparty employees of defendant…
Read More Other-Employee Harassment Relevant to Hostile Work Environment Claim, Court HoldsIn Harding v. Dorilton Capital Advisors LLC et al, No. 22 Civ 01726 (CM), 2022 WL 10650256 (S.D.N.Y. Oct. 18, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: Plaintiff alleges that Mathew [his direct supervisor] engaged in conduct that was not facially neutral because…
Read More Race-Based Hostile Work Environment Claim, Based on Contentions of Negative Treatment Relative to White Teammates, Sufficiently AllegedIn Butler v. Ford Motor Company, 2022 WL 4448724 (N.D.Ill. Sept. 23, 2022), the court dismissed plaintiff’s hostile work environment sexual harassment claim. In sum, plaintiff alleges that her co-worker yelled in her face, “You bitches on this line be tweaking!”. This decision teaches that not every utterance of an offensive, sex-based term will give…
Read More Sexual Harassment Claim Dismissed; Co-Worker’s One-Time Use of “Offensive and Odious” Term “Bitches” Deemed Insufficient by Court
Man signing document surrounded by observers
In Fugarino v. Milling, Benson, Woodward LLP, No. 21-594, 2022 WL 6743191 (E.D.La. Oct. 11, 2022), the court, inter alia, denied defendant’ motion on plaintiff’s claim of a sex/pregnancy-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized plaintiff’s proof, at least in part, as follows:…
Read More Sex/Pregnancy Hostile Work Environment Claim Survives Summary Judgment Against Louisiana Law FirmIn Lent v. The City of New York, et al., No. 1642 2, 2021-04616, 2022 WL 7177790 (N.Y.A.D. 1 Dept., Oct. 13, 2022), the court affirmed the dismissal of plaintiff’s age discrimination, hostile work environment, and retaliation claims. As to plaintiff’s discrimination claims, the court explained: The court properly dismissed plaintiff’s age discrimination claim under…
Read More Age Discrimination Claims Dismissed; “Old Enough to Retire” Comment InsufficientIn Santiago v. Acacia Network, Inc. et al, 2022 WL 6775835 (S.D.N.Y. October 10, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim(s) asserted under the New York City Human Rights Law. From the decision: The plaintiff also argues that the defendants fostered a hostile work environment in violation…
Read More Hostile Work Environment & Pay Discrimination Claims Sufficiently Alleged Against Acacia Network, Court RulesIn Paladino v. Rochester Institute of Technology, Case # 22-CV-6028-FPG, 2022 WL 4922289 (W.D.N.Y. Oct. 4, 2022), the court dismissed, as untimely, plaintiff’s sex/sexual-orientation discrimination claim (based on defendant’s alleged failure to promote her) asserted under Title VII of the Civil Rights Act of 1964. This case illustrates the difference between claims premised on a…
Read More Court Dismisses Discrete Title VII “Failure to Promote” Claim as UntimelyIn Lum v. Consolidated Edison Co. of N.Y., Inc., 2022 NY Slip Op 05594 (App. Div. 1st Dept. Oct. 6, 2022), the court modified a lower court order to reinstate plaintiff’s claims for national origin discrimination under the New York State and City Human Rights Laws, and for sexual harassment under the New York City Human…
Read More National Origin, Sexual Harassment Claims Reinstated Against Con Edison