D Motion for Summary Judgment Denied (Hostile Work Environment)

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In Battle v. Wake Forest University Baptist Medical Center, 2023 WL 4868458 (M.D.N.C. July 31, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. Comprising plaintiff’s claim were several alleged racially derogatory comments, including that “all dark-skin blacks stink”, and comparing Michelle Obama to a “monkey.”…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment
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In Felix v. New York City Department of Education, 21 Civ. 6109 (LGS), 2023 WL 4706097 (S.D.N.Y. July 24, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim in violation of the Americans with Disabilities Act (ADA). Plaintiff alleged that the defendant subjected her to a hostile…

Read More Disability-Based Hostile Work Environment Claim Survives Summary Judgment Against NYC Dept. of Education
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In Fraze v. American Behavioral Health Systems, Inc., 2023 WL 4532429 (W.D.Wash. July 13, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. As to whether the alleged conduct was sufficiently “severe or pervasive,” the court explained:…

Read More Sexual Harassment Claim Survives Summary Judgment; Allegations Included Assault
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In Sparks v. Duane Devecka, 2:19-cv-1286, 2023 WL 4533680 (W.D.Pa. July 13, 2023) (J. Ranjan), the court denied defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964. In this case, plaintiff alleged that she worked for the defendant for a…

Read More Title VII Sexual Harassment Claim Survives Summary Judgment; Alleged Groping Was “Severe” and “Pervasive”
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In Holmes v. American Home Patient/Lincare, et al, No. 4:21-CV-01683, 2023 WL 4315545 (M.D.Pa. July 3, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1981. During her time employed at defendant, plaintiff was the only African American employed at the…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Racial Slurs
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In U.S. Equal Employment Opportunity Commission v. Golden Entertainment, Inc., No. 20-cv-02811, 2023 WL 4134696 (D.Md. June 22, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. As to the issue of whether the…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Evidence Included Sexual Comments and Buttocks Groping
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In Walker-Jackson v. Smith’s Food and Drug Centers, Inc., Case No. 2:21-cv-2066-ART-BNW, 2023 WL 3620552 (D.Nev. May 23, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. As to the issue of whether the alleged harassment was sufficiently “severe or pervasive,” the court applied the…

Read More Sexual Harassment Case, Based on Allegations Including Sexual Innuendo and Nonconsensual Touching, Survives Summary Judgment
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In Hoxhaj et al v. Michael Cetta, Inc. et al, 21-cv-6486 (LJL), 2023 WL 3455444 (S.D.N.Y. May 15, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiffs’ claims of religion-based discrimination under the New York City Human Rights Law. From the decision: A reasonable jury could conclude that Plaintiff Hoxhaj was…

Read More Religion-Based Discrimination Claim Against Michael Cetta Survives Summary Judgment; Court Cites Comments That Were Hostile to Islam and Muslim People
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In Peña et al v. Clark County, Case No. 3:21-cv-05411-DGE, 2023 WL 3160157 (W.D.Wash. April 28, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: The County argues Plaintiffs lack evidence to…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Court Cites “Multiple Racial Insults”
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In Smith v. CHR Medical Corporation et al, No. 3:22-cv-00743, 2023 WL 3065220 (M.D. Tenn. April 24, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claims alleged under Title VII of the Civil Rights Act of 1964 (based on gender) and the Age Discrimination in Employment Act (based on…

Read More Age/Gender-Based Hostile Work Environment Claims “Barely” Survive Dismissal
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