Hostile Work Environment

by

In Sanderson-Burgess v. City of New York, 2016 NY Slip Op 32007(U) (NY Sup. Ct. Qns. Cty. 700149/2011, Sept. 8, 2016) [Google Scholar version], the court granted defendants’ motion for summary judgment dismissing plaintiff’s various claims, including for hostile work environment sexual harassment, aiding and abetting, and retaliation.[1]Court records indicate that plaintiff has filed a Notice of…

Read More Court Dismisses NYPD Nurse’s Same-Sex Hostile Work Environment Sexual Harassment Case
Share This:
by

In a recently-filed sexual harassment lawsuit, captioned Green v. Exusia, Inc. and Trevor Silver (N.Y. Sup. Ct. Index # 151989/2017, filed March 1, 2017), plaintiff (a lawyer) asserts claims of gender discrimination, hostile work environment, and retaliation under the New York State and City Human Rights Laws against defendants Exusia, Inc. (a New York based…

Read More “Sexually Explicit Stories About Strippers” Among Allegations in Sexual Harassment Lawsuit Against Exusia, Inc.
Share This:
by

In Grigoryou v. Pallet Servs., Inc., No. 1:13-CV-526-RJA-MJR, 2017 WL 722534 (W.D.N.Y. Jan. 25, 2017), report and recommendation adopted, No. 13-CV-526-A, 2017 WL 712607 (W.D.N.Y. Feb. 23, 2017),[1]The below excerpts are from the 1/25/17 Amended Report & Recommendation. the court granted defendant’s motion for summary judgement and dismissed plaintiff’s age discrimination (unlawful termination and hostile…

Read More Age Discrimination (Wrongful Termination & Hostile Work Environment) Claims Dismissed; Alleged Wrongdoing Was Insufficiently Connected to Plaintiff’s Age
Share This:
by

In Townsend v. Ganci, No. 16-CV-2814 (JFB), 2017 WL 752203 (E.D.N.Y. Feb. 27, 2017), the Eastern District of New York upheld a Bankruptcy Court determination that a debt resulting from a judgment (following a jury verdict) for the plaintiff in an employment discrimination (sexual harassment/hostile work environment) case was non-dischargeable in bankruptcy. The law provides: The…

Read More Eastern District Affirms Non-Dischargeability of Debt Arising From Plaintiff Verdict/Judgment in Sexual Harassment/Hostile Work Environment Case
Share This:
by

In Moraetis v. Robert S. Evans et al (NY Sup. Ct. NY Cty. Index 152829/2015) (J. Bannon), a gender discrimination/hostile work environment case, the court declined (under CPLR 5519(c)) to stay the matter pending appeal of an earlier decision denying defendant’s motion to dismiss. Procedurally, the court noted that “[w]here, as here, there is no…

Read More Court Denies Stay Pending Appeal in Gender-Based Hostile Work Environment Case
Share This:
by

In Demir v. Sandoz Inc. and Fougera Pharmaceuticals (NY Sup. Ct. NY Cty., Index 150954/2015, Feb. 17, 2017), the court held that plaintiff – a Muslim woman of Turkish national origin – sufficiently alleged causes of action for discrimination and hostile work environment (based on her gender, national origin, and religion) under the New York State…

Read More Muslim/Turkish Woman Sufficiently Alleges Gender, National Origin, and Religious Discrimination Against Sandoz
Share This:
by

The Southern District of New York’s recent decision in McCray v. Project Renewal, Inc., 15-cv-8494, 2017 WL 715010 (S.D.N.Y. Feb. 22, 2017) (Judge Caproni) serves as another reminder of the procedural hurdles that must be overcome in order to assert an employment discrimination claim in federal court. Plaintiff, proceeding pro se, sued his former employer, Defendant Project Renewal,…

Read More Court Dismisses ADA Disability Discrimination Claim as Unexhausted, Title VII Race Discrimination Claim as Insufficiently Pled
Share This:
by

It is an unfortunate reality that many employment discrimination cases are dismissed. These cases are often difficult to prove, and success requires navigating a path riddled with hurdles, ranging from statutes of limitation, to proper pleading, to dismissal on summary judgment following the completion of discovery. A recent example is Edwards v. N.Y. State Office of…

Read More Court Dismisses Born Again Christian’s Employment Discrimination, Hostile Work Environment, and Retaliation Claims
Share This:
by

In Morshed v. St. Barnabas Hosp., No. 16 CIV. 2862 (LGS), 2017 WL 543236 (S.D.N.Y. Feb. 10, 2017), the court overruled defendants’ claims that ten documents were “privileged under the self-critical analysis privilege, peer review privilege and quality assurance privileges.”[1]Specifically, defendants asserted the following as grounds for their assertion of privilege: Rule 501 of the…

Read More Court Overrules Defendants’ Claims of Privilege in Sexual Harassment/Hostile Work Environment Case
Share This:
by

In Lorber v. Jacob Lew, No. 15-cv-9995, 2017 WL 633446 (S.D.N.Y. Feb. 15, 2017) (J. Kimba M. Wood), the court dismissed (for failure to state a claim under Fed. R. Civ. P. 12(b)(6)) plaintiff’s gender-based hostile work environment claim, but stayed its decision on defendant’s motion to dismiss plaintiff’s Title VII sexual orientation discrimination claim (which…

Read More SDNY Dismisses Sex-Based Hostile Work Environment Claim; Stays Ruling on Title VII Sexual Orientation Discrimination (Stereotyping) Claim Pending Second Circuit Rulings
Share This: