Hostile Work Environment

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In Grewal v. Cuneo Gilbert & LaDuca LLP, No. 13-CV-6836 (RA), 2017 WL 1215752 (S.D.N.Y. Mar. 31, 2017), the court denied defendants’ motion for summary judgment on the plaintiff’s breach of contract claim, but granted it as to her national origin-based hostile work environment claims. In this case, plaintiff – a lawyer of Indian national…

Read More Lawyer’s Breach of Contract Claim Survives Summary Judgment; National Origin Discrimination/Hostile Work Environment Claims Dismissed
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In Alvarado v. Nordstrom, Inc., No. 16-971-CV, 2017 WL 1175654 (2d Cir. Mar. 29, 2017) (Summary Order), the court vacated the district court’s dismissal of plaintiff’s retaliation claim under the NYC Human Rights Law. It affirmed its dismissal, however, of plaintiff’s race discrimination and hostile work environment claims (as well as his retaliation claims under federal…

Read More NYC Human Rights Law Retaliation Claim Survives Summary Judgment; Race Discrimination and Hostile Work Environment Claims Properly Dismissed
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In Creacy v. BCBG Max Azria Grp., LLC, No. 14 CIV. 10008 (ER), 2017 WL 1216580 (S.D.N.Y. Mar. 31, 2017), the court denied defendant’s motion for summary judgment as to her hostile work environment and constructive discharge claims. In sum, plaintiff asserts that defendant subjected her to a racially hostile work environment, retaliated against her, and…

Read More Customer-Caused Race Discrimination/Hostile Work Environment Claims Survive Summary Judgment
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In Macchio v. Michaels Elec. Supply Corp., 2017 NY Slip Op 02636 (App. Div. 2d Dept. April 5, 2017), the court held that plaintiff presented sufficient evidence of pretext to survive summary judgment on his discrimination, retaliation, and FMLA claims, but that his hostile work environment claim was properly dismissed. In this case, plaintiff alleged,…

Read More Employment Discrimination (Ancestry, Association, Religion), Retaliation, and FMLA Claims Survive Summary Judgment; Hostile Work Environment Claim Properly Dismissed
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In Matter of AMG Managing Partners v. NYS Div. of Human Rights, No. TP 16-01391, 2017 WL 1187641 (N.Y. App. Div. 4th Dept. Mar. 31, 2017), the court upheld a New York State Division of Human Rights determination that the complainant was subjected to hostile work environment sexual harassment, but reduced the emotional distress damages award to…

Read More Sexual Harassment/Hostile Work Environment Finding Upheld; Damages Reduced to $25,000
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In Cowan v. City of Mount Vernon, No. 14-CV-8871 (KMK), 2017 WL 1169667 (S.D.N.Y. Mar. 28, 2017), the court dismissed plaintiff’s sexual harassment claim as insufficiently pled. This decision illustrates the degree of specificity courts look for when evaluating these types of claims on a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss. From…

Read More Sexual Harassment Claim Dismissed; Court Cites Lack of Complaint’s Specificity
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In Rogers v. Fashion Inst. of Tech. et al, No. 14-CV-6420 (AJN), 2017 WL 1078572 (S.D.N.Y. Mar. 21, 2017), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s (an African American part-time adjunct professor in FIT’s production management department) claims of race discrimination. (This decision follows a prior dismissal and…

Read More FIT Professor’s Race Discrimination Claims Proceed in Part
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In Bailey v. Reg’l Radio Grp. LLC, No. 15-cv-375, 2017 WL 1025948 (N.D.N.Y. Mar. 15, 2017), the court granted defendants’ motion for summary judgment as to plaintiff’s gender-based disparate treatment (including constructive discharge), gender-based hostile work environment, and retaliation claims. In this case, plaintiff generally alleges that Defendant Ashworth discriminated against and harassed her and…

Read More Court Dismisses Gender Discrimination/Constructive Discharge, Hostile Work Environment, Retaliation Claims Against Regional Radio Group LLC
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In Hababi v. Lutheran Med. Ctr., 2016 NY Slip Op 32554(U), 501765/15 (NY Sup. Ct. Kings Cty. Dec. 16, 2016), a Brooklyn state court judge denied defendants’ motion for summary judgment on plaintiff’s hostile work environment (but granted it with respect to, and hence dismissed, her discrimination and retaliation) claims. In sum, defendant terminated plaintiff – a…

Read More Muslim Woman Overcomes Summary Judgment on Religious and National Origin Based Hostile Work Environment, But Not Disparate Treatment and Retaliation, Claims
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In Kalafatoglu v. Beauty 35, Inc. (NY Sup. Ct. Qns. Cty. 711763/2015 Order dated Jan. 25, 2017), the court held that plaintiff stated claims for gender discrimination, national origin discrimination, intentional infliction of emotional distress, assault and battery, and false arrest. (It held, however, that plaintiff did not sufficiently allege retaliation.) The court summarized plaintiff’s…

Read More Arabic-Language Reprimand Among Allegations Stating Cause of Action for National Origin Discrimination; Other Claims (Including Gender Discrimination and Battery) Also Sufficiently Alleged
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