D Motion for Summary Judgment Denied (Hostile Work Environment)

In Mayorga v. Ira Greenberg, NYS Division of Homeland Security and Emergency Services, 22-CV-387 (AMD) (RML), 2023 WL 6307994 (E.D.N.Y. Sept. 28, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of discrimination (based on gender, sexual orientation, race and national origin), constructive discharge, and hostile work environment sexual harassment under the…

Read More Discrimination, Constructive Discharge, Hostile Work Environment, Sexual Harassment Claims Sufficiently Alleged Against NYS Division of Homeland Security and Emergency Services
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In Wheeler v. Praxair Surface Technologies, Inc., 21 Civ. 1165, 2023 WL 6282903 (S.D.N.Y. Sept. 26, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under the New York State Human Rights Law. This case is instructive as to the applicability of the the relatively…

Read More Race-Based Hostile Work Environment Claim, Based on Conduct Post-Dating Amendments to NYS Human Rights Law, Survives Summary Judgment
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In a recent case, Chillmon v. Village of Evergreen Park Illinois, 2No. 20 CV 7379, 2023 WL 5980008 (N.D.Ill. Sept. 14, 2023), the court, inter alia, denied defendant’s motion for summary judgment dismissing plaintiff’s national origin-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: A…

Read More National Origin (Albanian) Hostile Work Environment Title VII Claim Survives Summary Judgment
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In a recent case, Mingo v. The City of Mooresville, No. 5:22-CV-00032-KDB-SCR, 2023 WL 6120962 (W.D.N.C. Sept. 18, 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: Viewing the facts generously in the…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Allegations Included Racially Disparaging Remarks; Disparate Discipline
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In Keeney v. New York-Presbyterian Queens, No. 702508/2019, 2023 WL 5979409, 2023 N.Y. Slip Op. 33090(U) (N.Y. Sup Ct, Queens County Aug. 16, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of discrimination and hostile work environment¬†asserted under the New York State and City Human Rights Laws. As to…

Read More Discrimination and Hostile Work Environment Claims Survive Summary Judgment Against NY Presbyterian Queens
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In a recent case, Dikambi v. City University of New York et al, 19-CV-9937 (RA), 2023 WL 5713716 (S.D.N.Y. Sept. 5, 2023), the court, inter alia, denied defendant’s motion for summary judgement on plaintiff’s hostile work environment sexual harassment claim asserted under the New York City Human Rights Law. From the decision: There is sufficient…

Read More Sexual Harassment Claim Survives Summary Judgment Against CUNY
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In Asad v. Mahoney et al, No. 9686/2011, 2023 WL 4565032, 2023 N.Y. Slip Op. 32625(U) (N.Y. Sup Ct, Kings County July 17, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiffs’ race-based hostile work environment claim under the New York City Human Rights (but not the New York State Human…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Allegations Included Threat of Violence, Derogatory Language, and Shorting Work Hours
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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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