Hostile Work Environment

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In Xiamin Zeng, AKA Aimee Zane v. New York City Housing Authority, 2023 WL 4553416 (2d Cir. July 17, 2023), the U.S. Court of Appeals for the Second Circuit vacated the lower court’s summary judgment dismissal of plaintiff’s race- and sex-based hostile work environment claims. Here is the crux of the court’s decision as to…

Read More 2nd Circuit, Citing Racist & Sexist Slurs, Revives Hostile Work Environment Claims From Summary Judgment Dismissal
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In Fraze v. American Behavioral Health Systems, Inc., 2023 WL 4532429 (W.D.Wash. July 13, 2023), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. As to whether the alleged conduct was sufficiently “severe or pervasive,” the court explained:…

Read More Sexual Harassment Claim Survives Summary Judgment; Allegations Included Assault
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In Sparks v. Duane Devecka, 2:19-cv-1286, 2023 WL 4533680 (W.D.Pa. July 13, 2023) (J. Ranjan), the court denied defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964. In this case, plaintiff alleged that she worked for the defendant for a…

Read More Title VII Sexual Harassment Claim Survives Summary Judgment; Alleged Groping Was “Severe” and “Pervasive”
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In Hewitt v. Stephens et al, 2:22-cv-00388, 2023 WL 4494457 (S.D.W.Va. July 12, 2023), the court denied defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court explained that, to state a hostile work environment claim for sex discrimination, a plaintiff must…

Read More Sex-Based Hostile Work Environment Claim Sufficiently Alleged; Allegations Included Speculation About Intimate Involvement With Co-Worker
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In Roper v. City of Cincinnati, 2023 WL 4466974 (S.D.Ohio July 11, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim, due to plaintiff’s failure to exhaust his administrative remedies as to that claim. From the decision: To bring a hostile work environment claim, a plaintiff needs to point…

Read More Hostile Work Environment Claim Dismissed For Failure to Exhaust Administrative Remedies
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In Pesantez v. The City of New York, No. 154734/2022, 2023 WL 4401359 (N.Y. Sup Ct, New York County July 07, 2023), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment claim (in part). From the decision: Plaintiff has not sufficiently plead all of his hostile work environment claims under the…

Read More Disability-Based Hostile Work Environment Claim Survives Dismissal
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In Acque v. Xavier Becerra, Secretary of the U.S. Department of Health and Human Services, 2023 WL 4365307 (D.N.M. July 6, 2023), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment claim. From the decision: Plaintiff has failed to produce evidence from which a rational jury could infer that…

Read More Hostile Work Environment Claim Dismissed; Alleged Incidents Including “Micromanaging” Held Insufficient
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In Holmes v. American Home Patient/Lincare, et al, No. 4:21-CV-01683, 2023 WL 4315545 (M.D.Pa. July 3, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1981. During her time employed at defendant, plaintiff was the only African American employed at the…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Racial Slurs
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In Giramur v. Honorable Christine E. Wormuth, Secretary of the Army, 2023 WL 4216152 (W.D.Tex. May 24, 2023), the court, inter alia, granted defendant’s motion to dismiss her hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Plaintiff’s allegations, held the court, were insufficiently specific: Plaintiff alleges…

Read More Sexual Harassment Claim Dismissed; Sexually Explicit Pictures, Alone, Were Insufficient
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In Hill v. Oak Street Health MSO LLC, 2023 WL 4206065 (E.D.Mich. June 27, 2023), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. This case concerns Title VII’s “administrative exhaustion” requirement, which the court explained as follows: Congress provided the EEOC with…

Read More Title VII Sex-Based Hostile Work Environment Claim Dismissed; EEOC Charge Included Only Claim Based on Discrete Acts
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