Hostile Work Environment

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In Moll v. Telesector Res. Grp., Inc., No. 04-CV-0805S(SR), 2016 WL 6095792 (W.D.N.Y. Oct. 19, 2016), a sex discrimination/hostile work environment/retaliation case, the court ruled on the parties’ respective motions to compel discovery. (For more background on this case, you may wish to review the Second Circuit’s 2014 decision vacating the district court’s 2012 summary judgment…

Read More Court Rules on Social Media Discovery Request in Sexual Harassment Case
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Halloween is a fun holiday. Not so, however, for employees forced to endure sexual harassment during a company Halloween party. In Maher v. All. Mortg. Banking Corp., No. CV 06-5073 DRH ARL, 2010 WL 3516153 (E.D.N.Y. Aug. 9, 2010), report and recommendation adopted, No. 06 CV 5073 DRH ARL, 2010 WL 3521921 (E.D.N.Y. Sept. 1,…

Read More Sexual Harassment During Company Halloween Party Among Facts of Case Resulting in $170,000 Compensatory Damages Award
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In Al-Kaysey v. Engility Corp., No. 11-cv-6318, 2016 WL 5349751 (E.D.N.Y. Sept. 23, 2016), the court held that plaintiff – a U.S. Citizen of Iraqi descent and practicing Muslim who was employed as a linguist – plausibly alleged (in a proposed amended complaint) a claim of hostile work environment against defendants, including the Army. (This…

Read More “Sand Nigger” and Other Comments Support Iraqi Muslim’s Hostile Work Environment Claim Against Army
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In Boston v. Taconic Eastchester Mgmt. LLC, No. 12 CIV. 4077 (ER), 2016 WL 5719751 (S.D.N.Y. Sept. 30, 2016), the court dismissed plaintiff’s discriminatory termination, hostile work environment, and retaliation claims under Title VII. The law, as summarized by the court: Plaintiff’s Title VII claims for race and color discrimination, hostile work environment, and retaliation are…

Read More Theft Was Nondiscriminatory Reason For Termination; Pretext Not Shown
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In Sarr v. Saks Fifth Ave. LLC, 151303/2015, 2016 NY Slip Op 31751(U) (NY Sup Ct NY Cty Sept. 20, 2016), the court dismissed the claims brought by the Muslim plaintiff, under the NYS and NYC Human Rights Laws, of employment discrimination, retaliation, and hostile work environment. After reviewing the legal standard/burden-shifting framework for evaluating plaintiff’s discrimination claims,…

Read More Court Dismisses Muslim Plaintiff’s Employment Discrimination, Retaliation, Hostile Work Environment Claims Against Saks Fifth Avenue
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In Andrus v. Corning, Inc., No. 14-CV-6667-FPG, 2016 WL 5372467 (W.D.N.Y. Sept. 26, 2016), the U.S. District Court for the Western District of New York dismissed plaintiff’s Title VII hostile work environment sexual harassment claim arising from sexual comments made by plaintiff’s co-worker. She alleged: (i) In April 2013, Mr. Drane [the alleged harassing co-worker]…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed; Co-Worker’s Sexual Comments, While Inappropriate, Could Not Be Imputed to Employer
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In Olsen v. Suffolk County et al, 15-CV-4064, 2016 WL 5395846 (E.D.N.Y. Sept. 27, 2016), the court held, among other things, that plaintiff plausibly alleged hostile work environment sexual harassment. The court summarized plaintiff’s allegations, in part, as follows: On or about May 26, 2014, Plaintiff was eating dinner with coworkers outside the precinct and…

Read More Forced Penis Touch, Among Other Allegations, Sufficient to Plausibly Allege Hostile Work Environment Sexual Harassment
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In La Porta v. Alacra, Inc., 142 A.D.3d 851, 2016 NY Slip Op 06113 (App. Div. 1st Dept. Sept. 22, 2016), the court held that plaintiff stated claims for hostile work environment sexual harassment and retaliation (but not hostile work environment-based constructive discharge). The court summarized plaintiff’s claims as follows: Plaintiff, the manager of defendant…

Read More Sexual Harassment Case (Including Facebook “Boobs” Comment) Survives Motion to Dismiss
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In Parra v. City of White Plains et al, No. 13 CV 5544 (VB), 2016 WL 4734666 (S.D.N.Y. Sept. 9, 2016), the court denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claim (but granted it with respect to plaintiff’s retaliation claim). In sum, plaintiff – a police officer – alleges that two…

Read More Police Officer’s Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment
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In Redfern-Wallace v. Buffalo News, Inc., No. 12-CV-471, 2016 WL 4361129 (W.D.N.Y. Aug. 16, 2016), the court adopted a Magistrate’s Report & Recommendation that defendants’ motions for summary judgment dismissing plaintiff’s discriminatory-discharge, hostile work environment, and retaliation claims be granted. As to plaintiff’s discriminatory-discharge claim, the court explained: Based on the undisputed facts, it is clear that…

Read More Crass Text Messages to Co-Worker, Not Discrimination, Were Reason For Termination; “Niagara”, “Chia Pet” Comments Did Not Constitute Hostile Work Environment
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