D Motion to Dismiss Denied (Hostile Work Environment)

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In a recent decision, Montgomery v. Prisma Health, No. 6:23-cv-00395-TMC, 2024 WL 449274 (D.S.C. Feb. 5, 2024), the court, inter alia, declined to adopt a Magistrate Judge’s Report & Recommendation that plaintiff’s claim of a race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. After reviewing pertinent case law,…

Read More Race-Based Hostile Work Environment Survives Dismissal; Allegations Include Placement of Noose and Calling Plaintiff a “Slave”
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In Santiago et al v. The City of New York, No. 159551/2021, 2024 WL 144971 (N.Y. Sup Ct, New York County Jan. 12, 2024), the court, inter alia, denied the defendants’ motion to dismiss (some) plaintiffs’ claims of sex-based hostile work environment asserted under the New York State and City Human Rights Laws. In sum,…

Read More Female Plaintiffs’ Sex-Based Hostile Work Environment Claims, Arising From Sexual Harassment by Inmates, Survive Dismissal
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In De Piero v. Pennsylvania State University et al, CIVIL ACTION NO. 23-2281, 2024 WL 128209 (E.D.Pa. January 11, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of Title VII of the Civil Rights Act of 1964, 42…

Read More White Penn State Professor Sufficiently Alleges Race-Based Hostile Work Environment Claims
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In a recent case, Stevenson v. United Animal Health, Inc., Case No. 1:23-cv-00509-TWP-CSW, 2023 WL 9040111 (S.D.Ind. Dec. 29, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim for a sex-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. From the decision: A hostile work environment…

Read More Citing “Bitch” Comments, Court Denies Motion to Dismiss Title VII Sex-Based Hostile Work Environment Claim
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In a recent case, Treadwell v. District of Columbia, Case No. 23-cv-03616 (CRC), 2023 WL 8764349 (D.D.C. Dec. 19, 2023), the court, inter alia, held that plaintiff plausibly alleged a claim of age discrimination arising from alleged offensive, age-related comments. From the decision: Though not by much, Treadwell has sufficiently pled that OAG subjected her…

Read More Age-Related Comments Plausibly Support Hostile Work Environment Claim, Court Holds
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In Dalton, Tamika v. Sweet Honey Tea, Inc. and Darrell DeShazer, No. 23 CV 01793, 2023 WL 8281524 (N.D.Ill. Nov. 30, 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 and local (state) law. From the…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Allegations Included Unwanted Sexual Advances Leading to Constructive Discharge
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In Luo v. AIK Renovation Inc. et al, 23-cv-5878 (LJL), 2023 WL 8113437 (S.D.N.Y. Nov. 22, 2023), the court, inter alia, held that plaintiff sufficiently alleged hostile work environment claims based on his Chinese descent, and denied defendant’s motion to dismiss. After determining that plaintiff sufficiently allege disparate treatment, the court evaluated his hostile work…

Read More Hostile Work Environment Claims, Arising From Anti-Chinese and Anti-Black Slurs, Survive Dismissal
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In Kayode v. Merrick B. Garland, Case No. 1:22-cv-03802 (TNM), 2023 WL 8083638 (D.D.C. Nov. 21, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964. Here, in sum, plaintiff alleged that she was treated in a “rude”, “offensive”, and…

Read More Title VII Hostile Work Environment Claim, Based on Supervisor’s Conduct, “Barely” Survives Dismissal
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In Sunkins v. Hampton Roads Connector Partners, No. 2:23cv91, 2023 WL 7411761 (E.D.Va. Nov. 9, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. Plaintiff’s allegations are based on alleged sexual comments made to her by…

Read More Hostile Work Environment Sexual Harassment Claims Survive Dismissal; Allegations Included Supervisor’s Direct Sexual Proposition Following Complaint
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In Spencer v. Global Innovative Group, LLC, 17 Civ. 7604 (PGG) (BCM), 2023 WL 6633860 (S.D.N.Y. Oct. 12, 2023), the court declined to adopt a Magistrate Judge’s Report & Recommendation that plaintiff’s race-based hostile work environment claim be dismissed. This decision – and in particular, its thorough evaluation and analysis of pertinent case law (both within…

Read More Hostile Work Environment Claim, Based on Single Use of the “N-Word”, Survives Dismissal
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