Employment Discrimination

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In Logan v. Millstone Manor LLC et al, 20-14433 (MAS) (TJB), 2022 WL 1720172 (D.N.J. May 27, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim. (The court also dismissed plaintiff’s “quid pro quo” sexual harassment claim.) From the decision: Viewing the evidence in a light most favorable to Logan, his…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; “High Bar” Not Met
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In Grazette v. Manpower et al, 21-CV-4296 (LTS), 2022 WL 1556192 (S.D.N.Y. May 16, 2022), the court dismissed plaintiff’s employment discrimination claims as insufficiently alleged. From the decision: At the pleading stage in an employment discrimination action, “a plaintiff must plausibly allege that (1) the employer took adverse employment action against him, and (2) [a…

Read More Employment Discrimination Claims Insufficiently Alleged; Federally-Protected Class Unidentified
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In Jones v. CareandWear II, Inc., No. 656428/2020, 75 Misc. 3d 1205(A), 2022 N.Y. Slip Op. 50383(U), 2022 WL 1483791 (N.Y. Sup. Ct. N.Y. Cty. May 10, 2022), the court, inter alia, held that plaintiff sufficiently alleged a claim of retaliatory discharge in violation of New York’s general whistleblowing statute, NY Labor Law § 740.…

Read More Whistleblower (NY Labor Law § 740) Claim, Arising From Discharge Following Complaint of PPE Price-Gouging, Survives Dismissal
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In Hunley v. DTLR Villa, Inc., 22-CV-6010L, 2022 WL 1447737 (W.D.N.Y. May 9, 2022), the court granted defendant’s motion to dismiss plaintiff’s discrimination and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. This case teaches that a plaintiff may not prevail on such a claim by merely alleging that (a)…

Read More Title VII Sex/Race-Based Discrimination, Retaliation Claims Dismissed; Link Between Protected Class(es) and Adverse Action Was Lacking
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In Turner v. Copeland Group USA Inc, 2022 WL 1508446 (S.D.Tex. May 10, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the relevant facts as follows: Plaintiffs Vanessa La Barrie and Celmira Turner…

Read More Race-Based Hostile Work Environment Claim, While Based on “Scant” Allegations, Survived Dismissal
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In Lewis v. Exelon Corp., et al., 21-cv-3299, 2022 WL 1556329 (D.D.C. May 17, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: According to Lewis, his supervisor’s behavior was “severe and pervasive,” Compl. ¶ 17, but this is a conclusory allegation that the Court need not take as true.…

Read More Disability (Asthma)-Based Hostile Work Environment Claim Dismissed
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In Rippstein v. Boeing Company, et al, 2022 WL 1522155 (D.Ariz. May 13, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Defendant next argues that the three anonymous emails sent to Plaintiff’s…

Read More Title VII Hostile Work Environment Claim Survives Summary Judgment Against Boeing; Evidence Included Death Threats
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In Haughton v. Ja-Co Foods, Inc. d/b/a Sonic Drive-Ins, No. 1:20-CV-241-SA-DAS, 2022 WL 1498107 (N.D. Miss. May 11, 2022), the court held that plaintiff presented sufficient evidence to survive summary judgment on plaintiff’s hostile work sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Generally, in order to make out…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Evidence Included Singing “Inappropriate Songs” and “Humping”
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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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