Hostile Work Environment

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In Boliak v. Reilly, 2018 NY Slip Op 03745 (App. Div. 1st Dept. May 24, 2018), the court overturned the dismissal[1]Boliak v. Reilly, 2017 NY Slip Op 32010, Index No. 153941/2016, Judge Erika Edwards, Sept. 22, 2017. of plaintiff’s employment discrimination claims under the NYC Human Rights Law against Father Michael P. Reilly and others. From…

Read More Employment Discrimination Claims Reinstated Against Father Reilly et al
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In Rasko v. N.Y.C. Admin. for Children’s Servs., 17-967 (2d Cir. May 17, 2018) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim. The court explained the legal requirements for such a claim: To establish a hostile work environment claim, a plaintiff must show, inter alia, that the workplace was…

Read More 2d Circuit: Hostile Work Environment Properly Dismissed; Rudeness, Noise, Throwing Papers Held Insufficient
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In Gordon v. Bayrock Sapir Organization LLC, 2018 NY Slip Op 03425, 2018 WL 2141237 (N.Y.A.D. 1 Dept., 2018), the court held that plaintiff survived summary judgment on her gender- and race-based hostile work environment claims and retaliation claims under the NYS and NYC Human Rights Laws, and on her discrimination claim under the NYC…

Read More Hostile Work Environment, Retaliation, Discrimination Claims Survive Summary Judgment Against Trump Soho
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In Pecile v. Titan Capital Group, LLC, 2018 WL 2100456 (N.Y. Sup. Ct. N.Y. Cty. Index No. 110490/2010, May 3, 2018), the court, inter alia, denied defendant’s motion for summary judgment on plaintiffs’ sexual harassment claims under the NYC Human Rights Law. From the decision: The Court finds that there are issues of fact with…

Read More Sexual Harassment / Hostile Work Environment Claim Survives Dismissal [Pecile v. Titan Capital Group]
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In Esar v. JP Morgan Chase Bank N.A., 15-cv-382, 2018 WL 2075421 (E.D.N.Y. May 3, 2018), the court (inter alia) dismissed plaintiff’s hostile work environment claims. Plaintiff asserted that she was subjected to an “atmosphere of adverse action”, namely (i) lobby cleaning assignments, (ii) covering for one week at another branch, (iii) unpacking branch supplies,…

Read More Hostile Work Environment Claims Dismissed Against JP Morgan Chase Bank
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A federal (EDNY / Brooklyn) jury recently awarded several employees a collective $5.1 million in damages against a health insurance company that, the plaintiffs claimed, forced them to follow the practices of an obscure religion called “Onionhead.” (I wrote about the lawsuit’s filing here.) The verdict sheet (below) reflects, inter alia, that the jury awarded…

Read More EDNY Jury Awards $5.1M in “Onionhead” Religious Discrimination Case [EEOC v. United Health Programs of America]
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In Murphy v. Wappingers Central School District, 15-cv-7460, 2018 WL 1831847 (S.D.N.Y. April 16, 2018), the court dismissed plaintiff’s hostile work environment claim. In sum, the court held that the alleged harasser (DeFazio) created an “abusive” environment for the plaintiff, but that plaintiff could not show that the harasser’s conduct should be imputed to the…

Read More Hostile Work Environment Claim Dismissed; While Conduct Was “Abusive” There Was No Basis For Imputing it to Employer
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In Linell v. New York City Department of Education, 15-CV-5085, 2018 WL 1611370 (E.D.N.Y. March 30, 2018), the court dismissed plaintiff’s sex-based hostile work environment claim. The court explained: To substantiate her gender-based hostile work environment claim, Edelmann testified that Oberle told Edelmann that she was dressed “inappropriately” when she wore a long t-shirt over…

Read More Sex-Based Hostile Work Environment Claim Not Demonstrated by Comments About Inappropriate Clothing, Infertility
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In Salas v. New York City Department of Investigation, 2018 WL 1614339, 16-cv-8573 (S.D.N.Y. March 30, 2018), the court (inter alia) held that plaintiff failed to state a religious discrimination (hostile work environment) claim. From the decision: Salas has failed to allege even a single instance where she or a coworker was personally harassed on the…

Read More Religious Discrimination (Hostile Work Environment) Claim Not Stated
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In Salas v. New York City Department of Investigation, 2018 WL 1614339, 16-cv-8573 (S.D.N.Y. March 30, 2018), the court (inter alia) denied defendant’s motion to dismiss, and held that plaintiff – who suffered from a stutter – stated a claim for a hostile work environment under the Americans with Disabilities Act (ADA). From the decision:…

Read More Plaintiff, Mocked For Stuttering, States Hostile Work Environment Claim Under the Americans with Disabilities Act
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