Hostile Work Environment

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In Appleton v City of New York, No. 157849/2017, 2019 WL 1206347, at *8 (N.Y. Sup Ct, New York County Mar. 14, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim for failure to state a claim. The court summarized the relevant law: With respect to plaintiff’s hostile work environment claims, “[i]n order…

Read More Hostile Work Environment Claim Dismissed; Belittling, Shouting, Demeaning etc. Conduct Amounted to “Minor Annoyances”
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From Rapaport v Strategic Financial Solutions LLC, No. 152764/18, 2019 WL 1247132 (N.Y. Sup Ct, New York County Mar. 15, 2019): The motion as to Action 1 is denied. In that action, plaintiff claims that while she was pregnant, defendants unlawfully reclassified her from a full-time employee to a part-time consultant when they acquired her…

Read More Pregnancy Discrimination, Religious-Based Hostile Work Environment Claims Survive Dismissal
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In Woolcock v. Lukes-Roosevelt, No. 518301/2016, 2019 WL 1206356 (N.Y. Sup Ct, Kings County Mar. 11, 2019), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim under the NYC Human Rights Law. From the decision: [D]efendant fails to set forth that a reasonable victim of discrimination…

Read More Hostile Work Environment Sexual Harassment Claim Against Mt. Sinai St. Luke’s-Roosevelt Survives Summary Judgment
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In Nguedi v. The Federal Reserve Bank of New York, 16-cv-636, 2019 WL 1083966 (S.D.N.Y. March 7, 2019), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment claim. From the decision: The [New York City Human Rights Law] “is not a ‘general civility code.’ ” Mihalik, 715 F.3d at…

Read More Hostile Work Environment Claim Dismissed Against Federal Reserve Bank of New York
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From Fox v. Costco Wholesale Corporation, 2019 WL 1050643, at *7 (C.A.2 (N.Y.), 2019): The district court demanded too much of Fox. Fox is not required to list the shift, week, or month to be able to present this issue to a jury. See Aulicino v. N.Y.C. Dep’t of Homeless Servs., 580 F.3d 73, 84…

Read More Plaintiff’s ADA Disability Disability Discrimination Claim Survives Summary Judgment Summary Judgment Claim
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In Akinde v. New York City Health & Hosps. Corp., 2019 NY Slip Op 01493 (App. Div. 1st Dept. Feb. 28, 2019), the court unanimously affirmed the dismissal of plaintiff’s discrimination and hostile work environment claims on statute-of-limitations grounds, and of plaintiff’s retaliation claim on the merits. As to the former, the court explained: Plaintiff’s…

Read More Hostile Work Environment Claim Dismissal, on Statute of Limitations Grounds, Affirmed
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In Page v. Half Hollow Hills Central School District, 16-cv-4710, 2019 WL 764748, (E.D.N.Y. Feb. 20, 2019), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s hostile work environment claim on the ground that plaintiff did not address that claim in his papers opposing the motion. Here, defendants sought summary judgment on…

Read More Hostile Work Environment Claim, Unaddressed in Summary Judgment Opposition, Deemed Abandoned
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From Lawtone-Bowles v. City of New York, 2019 WL 652593 (S.D.N.Y. 2019): [Plaintiff] alleges little more than a few stray remarks. “Big Daddy” and “cabbage patch baby” bear no facial connection to any protected characteristic. Rubin v. Abbott Labs., 2015 WL 5679644, at *8 (S.D.N.Y. Sept. 23, 2015). A single excited utterance of the pejorative…

Read More “Big Daddy” and Other Remarks Were Insufficient to Plausibly Allege a Hostile Work Environment
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In Nokaj v. North East Dental Management, LLC et al, 16-cv-3035, 2019 WL 634656 (S.D.N.Y. Feb. 14, 2019), the court (inter alia) denied defendant’s motion for summary judgment on plaintiff’s claim of “aiding and abetting” discrimination (sexual harassment) under the New York State Human Rights Law. The court holds that plaintiff may maintain an “aiding…

Read More Aiding & Abetting Sexual Harassment Claim, Based on Supervisor Inaction, Survives Summary Judgment
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From Petterson v. State University of New York at Stony Brook, 2019 WL 367840, at *7 (E.D.N.Y. Jan. 30, 2019): While the alleged statements, such as “Barbara’s bush” and “sucking dick” by themselves are insufficient to show a hostile work environment, when coupled with the other evidence presented, a jury could conclude that Plaintiff was subjected…

Read More Hostile Work Environment Claim Survives Summary Judgment; Court Cites Derogatory Terms and Threatening Behavior
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