Employment Discrimination

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In Errickson v. Lakeland Regional Medical Center, Inc., 8:22-cv-533-VMC-CPT, 2022 WL 1487588 (M.D.Fla. May 11, 2022), the court dismissed plaintiff’s disability-based hostile work environment claim asserted under the Americans with Disabilities Act. After summarizing the “black letter” law, the court applied it to the facts: Although the issue of whether harassment was severe and pervasive…

Read More “Unpleasant” Conduct Nevertheless Insufficient to Give Rise to a Plausible ADA Hostile Work Environment Claim, Court Holds
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In Nyambi v. Delta Airlines, Inc., No. 2:21-cv-00369-JHC, 2022 WL 1443741 (W.D.Wash. May 6, 2022), the court granted 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: Assuming Plaintiff pleaded a hostile work environment claim, he fails to…

Read More Race-Based Hostile Work Environment Claim Dismissed; Single “Stupid African” Remark Insufficiently “Severe”
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In Moore v. Louis Dejoy, 18-CV-9967, 2022 WL 1239688 (S.D.N.Y. April 27, 2022), the court dismissed plaintiff’s age-based hostile work environment claim, since plaintiff did not “administratively exhaust” that claim at the U.S. Equal Employment Opportunity Commission. From the decision: Because she did not file a formal complaint regarding alleged improper comments or a hostile…

Read More Hostile Work Environment Claim Not Administratively Exhausted; Dismissed
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A recent case, Davis v. Arcelormittal USA, LLC, 18-cv-318 (N.D. Ind. April 15, 2022), is instructive on the “exhaustion of administrative remedies” principle of federal employment discrimination law. Here (in sum) plaintiff submitted a Charge of Discrimination to the Equal Employment Opportunity Commission (EEOC), in which she asserted of disability discrimination and failure to accommodate disability…

Read More Disability-Based Hostile Work Environment Claim Dismissed as Not Administratively Exhausted at EEOC
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In White v. Aldridge Electric, Inc., 21-cv-01872, 2022 WL 1003765 (E.D.Pa. April 4, 2022), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s claim of disability discrimination asserted under the Americans with Disabilities Act. In sum, plaintiff alleged that he was treated differently, and fired, because of his medical conditions (chronic pain…

Read More Disability Discrimination Claim Dismissed; “Piece of Shit” Comment Was “Neutral”
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In Franks v. Edison Electric Institute, 20-cv-3393, 2022 WL 971157 (D.D.C. March 31, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim. It explained: Plaintiff’s hostile work environment claims are all rooted in Plaintiff’s relationship with her supervisor, Kathy Steckelberg, and the actions Steckelberg took against her. Franks points to, for example, Steckelberg’s…

Read More “Silent Treatment” Etc. Did Not Amount to Hostile Work Environment, Court Holds
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In Pascua v. Jewel Food Stores, Inc., 20 C 2510, 2022 WL 1045639 (N.D.Ill. April 7, 2022), the court granted defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law – including the element that the alleged…

Read More Title VII Sex-Based Hostile Work Environment Claim Dismissed; “Rude” and “Unprofessional” Behavior Was Insufficiently Connected to Gender
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In Clayton v. Dreamstyle Remodeling of Colorado, LLC, 20–cv–02096, 2022 WL 910957 (D.Colo. March 28, 2022), the court, inter alia, held that plaintiff’s hostile work environment sexual harassment claim, asserted under Title VII of the Civil Rights Act of 1964, survived summary judgment. From the decision: To defeat a motion for summary judgment, the plaintiff…

Read More Sexual Harassment Claim Survives Summary Judgment; Evidence Included Sexual Comments, Photographs
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In Kinwing (Ricky) Kwong v. The City of New York et al., No. 152932/13, 15574, 2021-00645, 2022 N.Y. Slip Op. 02342, 2022 WL 1038073 (N.Y.A.D. 1 Dept., Apr. 07, 2022), the court, inter alia, affirmed the lower court’s denial of defendants’ motion for summary judgment on plaintiff’s hostile work environment claims. From the decision: The…

Read More Hostile Work Environment Claims, Based on Mocking of Accent, May Proceed
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In Friederick v. Passfeed, Inc., Attila Sary et al, 21-cv-2066, 2022 WL 992798 (S.D.N.Y. March 31, 2022), the court, inter alia, held that plaintiff sufficiently alleged quid pro quo sexual harassment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. In…

Read More Sexual Harassment Claims Sufficiently Alleged, Based on Rejection of Supervisor’s Alleged Sexual Advances
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