D Motion for Summary Judgment Denied (Hostile Work Environment)

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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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In Colavecchia v. South Side Area School District, 2023 WL 3043777 (W.D.Pa. April 21, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Under the first prong, a court may conclude that sexual…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal; Allegations Included Repeated Sexual Comments
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In Yeaman v. City of Burley et al, No. 4:21-cv-00345-BLW, 2023 WL 2868575 (D.Idaho April 10, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. The court summarized the basis for its decision as follows: Here, Yeaman easily satisfies the first two elements of her…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Evidence Included Verbal and Physical Conduct
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In Sanderson v. Leg Apparel LLC et al, No. 1:19-cv-8423-GHW, 2023 WL 2753200 (S.D.N.Y. March 31, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race-based discrimination claim asserted under the New York City Human Rights Law. This decision highlights the difference between the comparatively broad New York City Human Rights…

Read More NYCHRL Race Discrimination Claim Survives Summary Judgment Against Leg Apparel
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In Degefu v. Department of Veterans Affairs et al, Civil Action No. 20-cv-3548 (BAH), 2023 WL 2707494 (D.D.C. March 30, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claim. From the decision: The record before this Court suffices to meet the standard that a reasonable juror could…

Read More Hostile Work Environment Claim Survives Summary Judgment; Alleged Abusive Treatment Followed Accommodation Request
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In Sylla v. New York City Department of Education et al, 18-CV-6524 (RPK) (MMH), 2023 WL 2667072 (E.D.N.Y. March 28, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. In this case, plaintiff alleged that a co-worker repeatedly called him “mono”, which is Spanish for monkey.…

Read More “Monkey” Comments Cited in Decision Denying Summary Judgment on Race-Based Hostile Work Environment Claim
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In White–Barnes v New York State Department of Corrections and Community Supervision, No. 535384, 2023 N.Y. Slip Op. 01561, 2023 WL 2602608 (N.Y.A.D. 3 Dept. Mar. 23, 2023), the court modifying and reversing a lower order dismissing, on summary judgment, plaintiff’s claim of an age-based hostile work environment leading to her constructive discharge. In sum,…

Read More “Grandma” Comments Result in Age-Based Discrimination, Hostile Work Environment, Constructive Discharge Claims Being Resurrected From Summary Judgment Dismissal
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