In Griffin v. City of New York, No. 157357/2022, 2023 WL 6465003 (N.Y. Sup Ct, New York County Oct. 04, 2023), the court, inter alia, held that plaintiff sufficiently alleged a sex-based hostile work environment claim under the New York City – but not the New York State – Human Rights Law. This decision, as…
Read More Sex-Based Hostile Work Environment Claim Sufficiently Alleged Under NYC Human Rights LawIn Brown v. Ferrara Candy Company, No. 22 CV 04875, 2023 WL 6519973 (N.D.Ill. Oct. 5, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of (race or sexual orientation based) hostile work environment asserted under Title VII of the Civil Rights Act of 1964. From the decision: The key allegation supporting…
Read More Hostile Work Environment Claims Survive Dismissal; Carrying of Weapons Factored Into DecisionIn Yelling v. St. Vincent’s Health System, 2023 WL 6474713 (11th Cir. Oct. 5, 2023), the court, inter alia, affirmed the summary judgment dismissal of plaintiff’s race-based hostile work environment. This decision is instructive as to how courts evaluate hostile work environment claims where the alleged inappropriate comments are not directed to the plaintiff themselves,…
Read More Race-Based Hostile Work Environment Claim Dismissal Upheld; Obama Comments Were Not “Inherently Racial”In Kekovic v. Titan Motor Group LLC, 22-CV-2142, 2023 WL 6385712 (E.D.N.Y. Sept. 29, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claims. Plaintiff, who identifies as a white male, is married to a black, African American man, and thus asserts “associational discrimination” claims based on this marriage.…
Read More “Associational Discrimination” Race-Based Hostile Work Environment Claim Survives Dismissal Against Titan Motor GroupIn Herman v. City of New York et al, 21-cv-6295 (ALC), 2023 WL 6386887 (S.D.N.Y. Sept. 29, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of hostile work environment, based on his Jewish religion, under the New York State and City Human Rights Laws. From the decision: Here, Plaintiff alleges that…
Read More Religion-Based Hostile Work Environment Claims, Based in Part on Single Anti-Semitic Remark, Survive DismissalIn Garduno v. Capable Controls, Inc., No. 23 CV 2549, 2023 WL 6276564 (N.D.Ill. Sept. 26, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. In this case, plaintiff alleged that shortly after starting work, she discovered that one…
Read More Sexual Harassment Claim, Based on Pornography Viewing in the Office, Survives DismissalIn Myrtil v. Serra Chevrolet, LLC, Case No. 2:22-cv-02595-MSN-tmp, 2023 WL 6367667 (W.D.Tenn. Sept. 29, 2023), the court, inter alia, adopted a Magistrate Judge’s Report & Recommendation to deny defendant’s motion to dismiss plaintiff’s claim of a hostile work environment (based on national origin) in violation of Title VII of the Civil Rights Act of…
Read More National Origin-Based Hostile Work Environment Claim Sufficiently AllegedIn Mayorga v. Ira Greenberg, NYS Division of Homeland Security and Emergency Services, 22-CV-387 (AMD) (RML), 2023 WL 6307994 (E.D.N.Y. Sept. 28, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of discrimination (based on gender, sexual orientation, race and national origin), constructive discharge, and hostile work environment sexual harassment under the…
Read More Discrimination, Constructive Discharge, Hostile Work Environment, Sexual Harassment Claims Sufficiently Alleged Against NYS Division of Homeland Security and Emergency ServicesIn Macri v. Herkimer County, 6:20-cv-1414 (GLS/TWD), 2023 WL 6295590 (N.D.N.Y. Sept. 27, 2023), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In order to establish a hostile work environment claim…
Read More Sex-Based Hostile Work Environment Claim Dismissed; Scolding, Disrespect Alone InsufficientIn Wheeler v. Praxair Surface Technologies, Inc., 21 Civ. 1165, 2023 WL 6282903 (S.D.N.Y. Sept. 26, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under the New York State Human Rights Law. This case is instructive as to the applicability of the the relatively…
Read More Race-Based Hostile Work Environment Claim, Based on Conduct Post-Dating Amendments to NYS Human Rights Law, Survives Summary Judgment