Hostile Work Environment

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In Rogers v. Bank of New York Mellon, No. 09 CIV. 8551 (HBP), 2016 WL 4362204 (S.D.N.Y. Aug. 15, 2016), the court granted in part and denied in part defendants’ motion for summary judgment on plaintiff’s various claims, including hostile work environment, sexual harassment, and race/color pay discrimination. As to her hostile work environment claim,…

Read More “Crazy Black Bitch” Comment Insufficient to Establish Hostile Work Environment
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In Williams v. Rosenblatt Sec. Inc., No. 14-CV-4390 (JGK), 2016 WL 4120654 (S.D.N.Y. July 22, 2016), the court held that plaintiff – a former securities strategist – plausibly alleged various discrimination claims, including a hostile work environment claim based on his perceived mental illness. The court evaluated plaintiff’s claims under the Americans with Disabilities Act,…

Read More Plaintiff Plausibly Alleges Disability Discrimination/Hostile Work Environment Based on Perceived Mental Illness
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In Epstein v. County of Suffolk & Suffolk County Community College, No. 14-CV-0937, 2016 WL 4257349 (E.D.N.Y. Aug. 11, 2016), the court dismissed plaintiff’s claims for, e.g., age discrimination, disability discrimination (failure to provide reasonable accommodation), and hostile work environment. In this post I’ll discuss the court’s evaluation of plaintiff’s failure-to-accommodate-disability and hostile work environment claims.…

Read More Professor’s Hostile Work Environment & Sleep-Related Disability Discrimination Claims Dismissed as Insufficiently Pled
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A recent decision, Campisi v. The City University of New York & Dean George Ranalli, No. 15 CIV. 4859 (KPF), 2016 WL 4203549 (S.D.N.Y. Aug. 9, 2016), addresses the interplay between Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681-1688). Plaintiff, a…

Read More Student Worker Plausibly Alleges Title IX Hostile Work Environment Sexual Harassment Claim Against CUNY
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In Beecher v. Northwell Health, EDNY 16-cv-4190, plaintiff alleges gender discrimination, hostile work environment, and retaliation. Among plaintiff’s allegations were that defendant’s Administrative Director, Nelson Mercurio, “went out of his way to catch the female staff members wearing scented products and, upon information and belief, was observed smelling the female staff in an effort to reprimand…

Read More Gender Discrimination, Hostile Work Environment, and Retaliation Lawsuit Cites Employee-Sniffing Boss
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In Atencio v. United States Postal Serv., No. 14 CIV. 7929 (AJP), 2016 WL 4145930 (S.D.N.Y. Aug. 4, 2016), the court granted defendant USPS’ motion for summary judgment on plaintiff’s reasonable accommodation claim, but denied its motion on plaintiff’s retaliation claim under the Rehabilitation Act (a federal statute applicable to claims of disability discrimination by…

Read More Letter Carrier’s Retaliatory Hostile Work Environment Claim Against USPS Survives Summary Judgment
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In a recently-filed complaint, captioned Angele Yonke v. 44 Restaurant LLC d/b/a The Lambs Club and John Fanning (SDNY 16-cv-05761 filed July 19, 2016), plaintiff alleges, inter alia, that she was subjected to retaliation after she complained that her supervisor slapped her on her right buttock.

Read More Sexual Harassment Lawsuit Against The Lambs Club Alleges Retaliation Following Complaint About Buttocks Smack
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In Santana v. Latino Express Restaurants, Inc., No. 15CV4934-LTS, 2016 WL 4059250 (S.D.N.Y. July 28, 2016), the court found that plaintiff established her sexual harassment, unpaid wage, and retaliation claims following defendants’ default. The facts: Approximately one or two weeks after Santana started working at the Restaurant, [defendant Tommy] Pimental [the restaurant’s co-owner and manager and…

Read More Sexual Harassment, Hostile Work Environment, Retaliation, and Unpaid Wage Claims Established Against Latino Express Restaurants
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In Richardson-Holness v. Alexander, No. 13-CV-2761 (NG), 2016 WL 4027978 (E.D.N.Y. July 26, 2016), the court denied in part defendant’s motion for summary judgment on plaintiff’s quid pro quo sexual harassment claim (with respect to certain alleged actions) and her hostile work environment claim. In sum, plaintiff (a probationary teacher) alleged “that defendant Michael A.…

Read More NYC Public School Teacher’s Quid Pro Quo Sexual Harassment and Hostile Work Environment Claims Survive Summary Judgment
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