Hostile Work Environment

In Wikked Entertainment, Inc. v. Burbacki, No. 652352/2018, 2019 WL 3854921, 2019 N.Y. Slip Op. 32440(U) (N.Y. Sup Ct, New York County Aug. 16, 2019), the court, inter alia, held that the facts as alleged, taken as true, fit within a theory of recovery (in the nature of employment discrimination / hostile work environment), but…

Read More Employment Discrimination/Hostile Work Environment Counterclaim Allegations Fit Within Legal Theory, But Responding Party Was Entitled to More Definite Statement
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In Bentley v. AutoZoners, LLC et al, No. 18-2441-cv, 2019 WL 3884248 (2d Cir. (Conn.) Aug. 19, 2019), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s sex-based hostile work environment claim. This decision provides a good overview of the law relating to when the conduct of an employee, amounting to a hostile work…

Read More 2d Circuit Affirms Dismissal of Hostile Work Environment Claim; Actions of Non-“Supervisor” Not Imputable to Employer
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In MacAlister v. Millennium Hotels & Resorts et al, 2019 WL 3765825 (S.D.N.Y. August 9, 2019), the court held, inter alia, that plaintiff – a white American woman over the age of 40 – sufficiently alleged discrimination and a hostile work environment based on her age. gender and race. As to plaintiff’s discrimination claims, the…

Read More “Old White Bitch” Among Comments Held Sufficient to Allege Age/Race/Gender Discrimination & Hostile Work Environment Claims
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n Irons v. The City of New York, 16-cv-3708, 2019 WL 3752870 (EDNY Aug. 8, 2019), the court, inter alia, denied defendant City’s motion for summary judgment on plaintiff’s employment discrimination and hostile work environment claims.[1]As with many blog posts, here I have addressed only a subset of this lengthy and detailed decision; the reader…

Read More NYPD Sergeant’s Hostile Work Environment Claim Survives Summary Judgment
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In a recent case, Palmer v. Cook, 2019 NY Slip Op 29240 (Sup. Ct. Qns. Cty. Aug. 5, 2019), the court, inter alia, held that plaintiff sufficiently stated a claim for hostile work environment under the New York City Human Rights Law.[1]As with many blog posts, here I have addressed only a subset of this…

Read More Hostile Work Environment Sufficiently Alleged; Allegations Included Comments, Thrown Objects, and Changed Locks
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The phrase “go back to where you came from” – trending in light of the POTUS’ use of the sentiment against four Congresswomen of color – has a long history. The U.S. Equal Employment Opportunity Commission (EEOC) has cited the phrase as indicative of national origin discrimination. Specifically, in a brochure titled “Employment Rights of…

Read More “Go Back to Where You Came From”
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A recent decision, Jeanty v. Precision Pipeline Solutions, LLC, 18-CV-7721, 2019 WL 3532157 (SDNY Aug. 2, 2019), illustrates that Title VII of the Civil Rights Act of 1964 is not a general civility code for the American workplace. Here, the court, inter alia, dismisses plaintiff’s hostile work environment claim brought under the statute. To be…

Read More Uncivil? Maybe. “Hostile Work Environment”? No.
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In Otero v Dist. Council 37, No. 161421/2013, 2019 WL 3451794 (N.Y. Sup Ct, New York County July 30, 2019), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s discrimination claim under the New York City Human Rights Law. After summarizing the relevant legal framework, case law, and standards for evaluating NYCHRL…

Read More Race, National Origin Discrimination Under the City Law Survive Summary Judgment
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In Young v. Town of Islip et al, 2019 WL 3412113 (E.D.N.Y. July 29, 2019) – in which plaintiff asserted, inter alia, claims of race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964 – the court denied plaintiff’s motion for a new trial under Federal Rule of Civil…

Read More Verdict Sheet Did Not Confuse Jury in Race Discrimination/Hostile Work Environment Claim, Court Holds
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In Guity v. Uniondale Union Free School Dist., 2019 WL 3402280 (E.D.N.Y. July 26, 2019), the court, inter alia, dismissed plaintiff’s race/ethnicity-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. Plaintiff – a high school Spanish teacher – alleged among other things that she was targeted because she was…

Read More Title VII Hostile Work Environment Claim Dismissed Against Uniondale Union Free School District;
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