Pleading

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In Aykac v. City of New York, No. 805009/2022, 2022 WL 11926504 (N.Y. Sup Ct, New York County Oct. 20, 2022), the court, inter alia, dismissed plaintiff’s disability-based discrimination and hostile work environment claims. As to plaintiff’s hostile work environment claim, the court explained: With respect to the plaintiff’s contention that he was subjected to…

Read More Disability-Based Hostile Work Environment Claim Dismissed; “Fat”, “Malingerer” Comments Insufficient
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In Harding v. Dorilton Capital Advisors LLC et al, No. 22 Civ 01726 (CM), 2022 WL 10650256 (S.D.N.Y. Oct. 18, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: Plaintiff alleges that Mathew [his direct supervisor] engaged in conduct that was not facially neutral because…

Read More Race-Based Hostile Work Environment Claim, Based on Contentions of Negative Treatment Relative to White Teammates, Sufficiently Alleged
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In Butler v. Ford Motor Company, 2022 WL 4448724 (N.D.Ill. Sept. 23, 2022), the court dismissed plaintiff’s hostile work environment sexual harassment claim. In sum, plaintiff alleges that her co-worker yelled in her face, “You bitches on this line be tweaking!”. This decision teaches that not every utterance of an offensive, sex-based term will give…

Read More Sexual Harassment Claim Dismissed; Co-Worker’s One-Time Use of “Offensive and Odious” Term “Bitches” Deemed Insufficient by Court
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In Lent v. The City of New York, et al., No. 1642 2, 2021-04616, 2022 WL 7177790 (N.Y.A.D. 1 Dept., Oct. 13, 2022), the court affirmed the dismissal of plaintiff’s age discrimination, hostile work environment, and retaliation claims. As to plaintiff’s discrimination claims, the court explained: The court properly dismissed plaintiff’s age discrimination claim under…

Read More Age Discrimination Claims Dismissed; “Old Enough to Retire” Comment Insufficient
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In Santiago v. Acacia Network, Inc. et al, 2022 WL 6775835 (S.D.N.Y. October 10, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim(s) asserted under the New York City Human Rights Law. From the decision: The plaintiff also argues that the defendants fostered a hostile work environment in violation…

Read More Hostile Work Environment & Pay Discrimination Claims Sufficiently Alleged Against Acacia Network, Court Rules
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In Thomas v. The City of New York, No. 150877/2021, 2022 WL 4552068 (N.Y. Sup Ct, New York County Sep. 29, 2022), the court dismissed plaintiff’s retaliation claim asserted under the New York City Human Rights Law. Generally, in order to make out a retaliation claim, a plaintiff must sufficiently allege three elements: (1) “protected…

Read More Retaliation Claim Insufficiently Alleged; Element of Causation Lacking
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In Stancu v. New York City/Parks Dept., 20-CV-10371(ALC), 2022 WL 4581844 (S.D.N.Y. Sept. 29, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s religion-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To establish a hostile work environment … a plaintiff must show…

Read More Religion-Based Hostile Work Environment Claim Sufficiently Alleged
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In Cadet v. Alliance Nursing Staffing of New York, Inc., No. 21 Civ. 3994, 2022 WL 4584246 (S.D.N.Y. Sept. 29, 2022), the court, inter alia, held that plaintiff – a former home health aide – sufficiently alleged a race-based hostile work environment under 42 U.S.C. § 1981 and the New York City Human Rights Law.…

Read More Racially Hostile Work Environment Claim Sufficiently Alleged, Against Alliance Nursing Staffing of New York, by Black Home Health Aide Based on Alleged Conduct of Elderly Client
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In McMillian v. New York City Taxi and Limousine Commission et al, No. 20-cv-5722 (LDH), 2022 WL 4539689 (E.D.N.Y. Sept. 28, 2022), the court, inter alia, dismissed plaintiff’s gender-based hostile work environment claim. From the decision: Defendants argue that Plaintiff’s hostile work environment claim should be dismissed because Plaintiff does not provide any concrete examples…

Read More Title VII Hostile Work Environment Claim, Lacking Connection to Gender, Dismissed
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In Myers v. Inspector Mary Christine Doherty et al, 2022 WL 4477050 (2d Cir. Sept. 27, 2022), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal (for failure to state a claim) of plaintiff’s hostile work environment claim asserted under 42 U.S.C. § 1983 (the analysis of which parallels the evaluation of…

Read More Hostile Work Environment Dismissal Affirmed; Conduct, Though Unpleasant, Was Too Sparse to be Actionable
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