Court: SDNY

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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 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 Bernard v. Care Design N.Y. et al, No. 20-cv-1527 (LJL), 2022 WL 4484556 (S.D.N.Y. Sept. 27, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based failure-to-promote claim asserted under Title VII of the Civil Rights Act of 1964. After reviewing, and rejecting, plaintiff’s other claims – including his claims of national…

Read More Gender-Based Failure-to-Promote Claim Sufficiently Alleged, Court Holds
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In a somewhat terse opinion, the court in Tantaros v. Fox News Network, LLC et al, 2022 WL 4614755 (S.D.N.Y. Sept. 30, 2022) held that New York’s relatively recently-enacted CPLR § 7515 is inconsistent with (and preempted by) the Federal Arbitration Act, and dismissed plaintiff’s sexual harassment case. The court reasoned: In interpreting the Federal…

Read More Andrea Tantaros’ Sexual Harassment Case Dismissed; Federal Arbitration Act Preempts State Law Arbitration Statute
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In Matthew v. Texas Comptroller of Public Accounts et al, No. 21 Civ. 5337 (JPC), 2022 WL 4626511 (S.D.N.Y. Sept. 30, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Taking into consideration all…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal; Allegations Included Belittling of Black Employees
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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 Matias v. Montefiore Medical Center et al, No. 20-CV-2849 (VEC), 2022 WL 4448585 (S.D.N.Y. Sept. 23, 2022), the court granted defendant’s motion for summary judgment on plaintiff’s claim of religion-based hostile work environment. From the decision: Defendants argue that Plaintiff has not identified any sufficiently severe or pervasive statements or conduct that would constitute…

Read More Catholic’s Religion-Based Hostile Work Environment Claim Dismissed; “Run of the Mill” Workplace Disputes Were Not Actionable
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In White v. Manhattan and Bronx Surface Transit Operating Authority et al, 18 Civ. 3627 (GBD), 2022 WL 4227289 (S.D.N.Y. Sept. 13, 2022), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment claim. Applying the law, the court held: After reviewing the entire record and assessing the facts…

Read More Sex-Based Hostile Work Environment Claim Dismissed Against MABSTOA
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In Ball v. Marriott International, Inc., No. 19-cv-10593 (LJL), 2022 WL 4133207 (S.D.N.Y. Sept. 12, 2022), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive as to how courts address the scenario…

Read More Waitress’s Hostile Work Environment Sexual Harassment Claim, Based on Alleged Conduct by Hotel Guest, Not Imputed to Marriott
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