Pleading

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In Gross v. Hatboro-Horsham School District, No. 23-0633, 2023 WL 4867423 (E.D.Pa. July 31, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability-based hostile work environment claim asserted under the Americans with Disabilities Act (ADA). From the decision: As noted, Defendant argues that Plaintiff has failed to plausibly allege that the discrimination…

Read More Teacher’s ADA Disability-Based Hostile Work Environment Claim Survives Dismissal
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In Gross v. Hatboro-Horsham School District, No. 23-0633, 2023 WL 4867423 (E.D.Pa. July 31, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age-based hostile work environment claim asserted under the Age Discrimination in Employment Act (ADEA). From the decision: Plaintiff’s factual allegations satisfy the pleading requirements for an ADEA hostile work environment…

Read More Teacher’s Age-Based Hostile Work Environment Claim Survives Dismissal
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In Tiffani Kerns v. RCS Trucking & Freight, Inc., No. 1:22-cv-1200 (RDA/IDD), 2023 WL 4868555 (E.D.Va. July 31, 2023), the court denied defendant’s motion to dismiss plaintiff’s claims of hostile work environment sexual harassment (as well as constructive discharge) asserted under the Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged…

Read More Sexual Harassment Claim Survives Dismissal; Court Rejects Defendant’s “Myopic” Interpretation of the Hostile Work Environment Statement
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In Silvers v Jamaica Hospital, No. 2021-00446, 620936/19, 2023 N.Y. Slip Op. 03938, 2023 WL 4751994 (N.Y.A.D. 2 Dept., July 26, 2023), the court reversed a lower court determination dismissing plaintiff’s claims of sex discrimination asserted under the New York State and City Human Rights Laws. The court summarized plaintiff’s discrimination claims as follows: The…

Read More Sex Discrimination Claims Sufficiently Alleged Against Jamaica Hospital
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In Broadway v. University of Maryland, Global Campus, 2023 WL 4421406 (D.Md. July 7, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim. This decision, like many others, illustrates the application of the “severe or pervasive” standard to such claims. The court explained: Plaintiff generally asserts that her immediate…

Read More Hostile Work Environment Claims Dismissed; Generalized Assertions of Harasment and Bullying Insufficient
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In McIntosh v City of New York, No. 505675/2022, 2023 N.Y. Slip Op. 50761(U), 2023 WL 4753854 (N.Y. Sup. Ct. Kings Cty. July 10, 2023), the court, inter alia, granted defendant’ motion to dismiss plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws. This decision operates as a…

Read More Hostile Work Environment Claims Dismissed Against the City of New York
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In Pinkcombe v. Randev, No. 155804/2022, 2023 WL 4680147 (N.Y. Sup Ct, New York County July 20, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims that he was subjected to discrimination (based on his gender and race) in a place of public accommodation. From the decision: In relevant part, Administrative Code…

Read More Public Accommodation Discrimination Claims Sufficiently Alleged Against Medical Office
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In Brown v. Port Authority Transit Corporation, et al, Civil Action No. 22-3199, 2023 WL 4747678 (E.D.Pa. July 24, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1981. The court summarized the elements of such a claim in the Third Circuit, namely:…

Read More “Work Ethic” Comment Did Not Support Race-Based Hostile Work Environment Claim
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In T.D.H. v. Kazi Foods of New Jersey, Inc., Civil No. 5:23-cv-00634-JMG, 2023 WL 4567722 (E.D.Pa. July 17, 2023), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision: To state a Title VII claim for…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Contentions Include Comments That Go Beyond “Occasional Offhand Comments”
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In Steiner v. Giant of Maryland, LLC, 2023 WL 4421373 (D.Del. July 10, 2023), the court dismissed plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In reviewing a hostile work environment claim, the Court must look to the totality of the circumstances…

Read More Recent Decision Illustrates Demanding Standard for Proving a Title VII Hostile Work Environment Sexual Harassment Claim
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