Employment Discrimination

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In Stern v. Denis McDonough, Secretary of Veterans Affairs, 5:18-CV-71 (MAD/TWD), 2022 WL 4236298 (N.D.N.Y. Sept. 14, 2022), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s gender-based hostile work environment claim. After summarizing the black-letter law, the court applied it to the facts, as follows: Plaintiff fails to establish that any…

Read More Sex-Based Hostile Work Environment Claim Dismissed on Summary Judgment; Sheep-Sex and Other Comments Notwithstanding
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In Ball v. Marriott International, Inc., No. 19-cv-10593 (LJL), 2022 WL 4133207 (S.D.N.Y. Sept. 12, 2022), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive as to how courts address the scenario…

Read More Waitress’s Hostile Work Environment Sexual Harassment Claim, Based on Alleged Conduct by Hotel Guest, Not Imputed to Marriott
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In Pimental v. Atrium Hospitality LP, No. 3:19-CV-1284 (OAW), 2022 WL 4104012 (D.Conn. Sept. 7, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. From the decision: Atrium has moved for summary judgment on the grounds that Chef Pimentel’s hostile work environment claim is neither…

Read More Sexual Harassment Claim, Based on Inappropriate Touching, Survives Summary Judgment
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In Saleh v. Pretty Girl, Inc. et al, No. 09-CV-1769 (RER), 2022 WL 4078150 (E.D.N.Y. Sept. 6, 2022), the court, inter alia, held that plaintiff presented sufficient evidence to support a jury verdict on plaintiff’s hostile work environment claims. From the decision: Plaintiff presented abundant evidence at trial to demonstrate to a jury that, under…

Read More Harassing Comments, Assault Sufficient to Support Hostile Work Environment Jury Verdict
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In Cherkasky v. Boyertown Area School District, No. 5:21-cv-5204, 2022 WL 1965899 (E.D.Pa. June 6, 2022), the court, inter alia, dismissed plaintiff’s sex-based discrimination claims under Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act. From the decision: The first and most crucial element to Cherkasky’s discrimination claim is…

Read More Teacher’s Sex-Based Discrimination Claims, Based on Students’ Use of the Word “Bitch,” Dismissed
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In Greenbaum v. N.Y.C. Transit Auth., et al., 21-1777-cv (2d Cir. Aug. 15, 2022) (Summary Order), the U.S. Court of Appeals for the Second Circuit vacated the lower court’s order granting summary judgment to defendant on plaintiff’s claims asserted under the Americans with Disabilities Act (ADA) – including his failure-to-accommodate claim. Among other things, the…

Read More ADA Failure to Accommodate Disability (Wrist Tendonitis) Claim Survives Summary Judgment; Decision Below Vacated
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In Chandler v. La-Z-Boy, Inc., No. 5:21-cv-05101-JMG, 2022 WL 3357674 (E.D.Pa. Aug. 15, 2022), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim. Plaintiff based this claim (as well as her discrimination claim) on her manager allegedly referring to her as a “colored girl.” The court explained: A hostile work environment claim under…

Read More Race-Based Hostile Work Environment Claim, Based on Alleged “Colored Girl” Comment, Dismissed
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In Pease v. The City of New York, No. 161501/2021, 2022 WL 3336139 (N.Y. Sup Ct, New York County Aug. 12, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of employment discrimination asserted under the New York State and City Human Rights Laws. From the decision: To state a claim for…

Read More NYCHRL Discrimination Claim, Based on Discipline and Non-Promotion, Survives Dismissal
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In Wray v. Westchester Medical Center Advanced Physician Services, P.C., et al, 21-CV-00394 (PMH), 2022 WL 3214924 (S.D.N.Y. Aug. 9, 2022), 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 1964 and the New York State Human Rights Law.…

Read More Hostile Work Environment Claim Survive Summary Judgment; Defendant Applied the Wrong (NYSHRL) Standard
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In Doe v. Pennsylvania Dept. of Corrections et al, No. 4:19-CV-01584, 2022 WL 3219952 (M.D.Pa. Aug. 9, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s gender-based hostile work environment and constructive discharge claims asserted under the Equal Protection Clause. As to plaintiff’s hostile work environment claim, the court explained: Here,…

Read More Sex-Based Hostile Work Environment and Constructive Discharge Claims, Asserted Under the Equal Protection Clause, Survive Summary Judgment
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