Hostile Work Environment

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In a recently-filed lawsuit, captioned Athar v. The Museum of Jewish Heritage et al (SDNY 17-cv-9491 Dec. 7, 2017), the plaintiff – a Pakistani-American Muslim – alleges that the defendants (including the Museum of Jewish Heritage) discriminated against him based upon his race, religion, and national origin, and retaliated against him, in violation of Title…

Read More Race/Religion/National Origin Discrimination Lawsuit Against the Museum of Jewish Heritage
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In Lamarr-Arruz & Ansoralli v. CVS Pharmacy, Inc., 15-cv-04261, 2017 WL 4280690 (S.D.N.Y. Sept. 26, 2017), the court rejected the defendant’s reliance on the so-called “Faragher/Ellerth affirmative defense” to plaintiff’s hostile work environment claim under 42 U.S.C. § 1981.[1]I wrote about the court’s evaluation of the first element of plaintiff’s hostile work environment claim under section 1981…

Read More Faragher/Ellerth Defense Inapplicable to Plaintiff’s Hostile Work Environment Claim Under 42 U.S.C. § 1981
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In Petit v. Department of Educ. of the City of N.Y., 2017 NY Slip Op 32541(U), 155523/2016 (Sup. Ct. NY Cty. Dec. 1, 2017), the court dismissed plaintiff’s claims for discrimination, hostile work environment, and retaliation in violation of the New York State and City Human Rights Laws. Here I will discuss the court’s evaluation of plaintiff’s discrimination…

Read More Transfer to “Absent Teacher Reserve” Was Not an “Adverse Employment Action”; Discrimination Claim Dismissed
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In Antrobus v. New York City Department of Sanitation, 16-3490-cv, 2017 WL 5952699 (2d Cir. Dec. 1, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s discrimination, hostile work environment, and retaliation claims. As to plaintiff’s hostile work environment claim, the court explained: With regard to hostile work environment, Antrobus asserted that egregious…

Read More Discrimination, Hostile Work Environment, Retaliation Claims Properly Dismissed as Time-Barred and Other Reasons
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In Matlock-Abdullah v. New York State Department of Labor, 15-cv-0294, 2017 WL 5905564 (N.D.N.Y. Nov. 29, 2017), the court dismissed plaintiff’s claims of, inter alia, hostile work environment. Notably, that claim failed, despite the court’s recognition that the comments plaintiff were “deplorable” and were arguably racial in nature. From the decision: Plaintiff’s argument that co-workers…

Read More Hostile Work Environment Claim Dismissed, Despite “Deplorable”, Arguably Racial Comments
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In Kenney v. State of New York, Office of Children and Family Services, 16-cv-4522, 2017 WL 5633166 (S.D.N.Y. Nov. 20, 2017), the court granted in part and denied in part defendants’ motion for summary judgment on plaintiff’s sexual harassment claims. In sum, plaintiff asserted claims of “hostile work environment” and “quid pro quo” sexual harassment…

Read More Hostile Work Environment Claim, Arising From Conduct of Non-Supervisor Co-Worker, Survives Summary Judgment
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In Ada Damla Demir, Plaintiff-Respondent, v. Sandoz Inc., et al., Defendants-Appellants., 2017 WL 5328744 (App. Div. 1st Dept. Nov. 14, 2017), the court held that plaintiff sufficiently alleged violations of New York’s Whistleblower Law (Labor Law 740) and employment discrimination claim (under the New York State Human Rights Law). Initially, the court held that plaintiff’s Whistleblower…

Read More Whistleblower, Discrimination, and Hostile Work Environment Claims Survive Dismissal
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In Dwyer v. Timothy O. Horne, as Acting Administrator of the General Services Administration, 12-cv-1176, 2017 WL 5197234 (E.D.N.Y. Nov. 9, 2017), the court granted defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment and retaliation claims under Title VII of the Civil Rights Act of 1964. This decision provides an overview of…

Read More Security Guard’s Hostile Work Environment / Sexual Harassment Claim Dismissed Against Federal Government; It Was Not Plaintiff’s “Joint Employer”
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In Sims v. Columbia University, NY Sup. Ct. NY Cty. 156566/2013 (Nov. 2, 2017) (J. James), the court granted defendant’s motion for summary judgment on plaintiff’s claims of age, race, and disability discrimination under the New York State and New York City Human Rights Laws. Among its reasons for dismissal were that plaintiff did not…

Read More Alleged Racial Slurs (Including Reference to Bubbles, Michael Jackson’s Chimpanzee) Held Not Actionable
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From JAMES R. FREZZELL, Plaintiff, v. NEW YORK STATE DEPARTMENT OF LABOR, et al., Defendants. Additional Party Names: Heather Romano, John Triller, Justin Heinbuch, Margaret Sheehan-Nolan, Marty Selleck, Robert Young, Sara Harms, Symone Wango, 2017 WL 5054722, at *7 (N.D.N.Y., 2017): Plaintiff’s claim that Harms created a hostile work environment by “giving [him] the evil eye,…

Read More “Evil Eye”, Work Scrutiny Insufficient to Make Out Hostile Work Environment Claim
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