Hostile Work Environment

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In Sharp v. S&S Activewear, L.L.C., 2023 WL 3857491 (9th Cir. June 7, 2023), the court vacated a lower court’s dismissal of plaintiff’s claim of hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964 based on “music with sexually derogatory and violent content, played constantly and publicly throughout the…

Read More Sexually Demeaning, Violent Music Could Give Rise to Actionable Hostile Work Environment, Even if “Equally Offensive” to Men & Women
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In Lowery v. Louis DeJoy, Postmaster General, United States Postal Service, Great Lakes Area Operations, No. 1:21-cv-01871, 2023 WL 3791467 (S.D. Ind. June 2, 2023), the court granted defendant’s motion for summary judgment dismissing plaintiff’s race-based hostile work environment claim. From the decision: Mr. Lowery has not shown that his work environment was objectively offensive…

Read More Race-Based Hostile Work Environment Claim Against USPS Dismissed
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In Kocher v. Denis R. McDonough, Secretary of Veterans Affairs, Civil Action No. 22-3808, 2023 WL 3689702 (E.D.Pa. May 26, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. the court held that…

Read More Retaliation Claim, Based on Adverse Actions Following Filing of EEO Complaint, Sufficiently Alleged
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In Brown v. Denis R. McDonough, in his official capacity as Secretary of Veterans Affairs, 2023 WL 3646933 (D.D.C., May 25, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim(s). The court explained: Although it is clear from her allegations that Ms. Brown had an acrimonious relationship with several…

Read More “Acrimonious” Relationship With Supervisors Did Not Constitute Hostile Work Environment, Court Holds
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In Bobowicz v. Holy Name Medical Center, Inc., 2023 WL 2579058 (N.J.Super.A.D. March 21, 2023), the court affirmed the dismissal of plaintiff’s sexual harassment claim. From the decision: Plaintiffs assert this case is subject to the Lehmann standard, which concerns sexual harassment that creates a hostile work environment. Lehmann v. Toys ‘R’ Us, Inc., 132…

Read More Sexual Harassment Claim Properly Dismissed in Light of Consensual Nature of Relationship, Court Holds
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In Rabinowitz v. St. Joseph’s Regional High School, Roman Catholic Archdiocese of Newark, Civil Action No. 18-16498 (JXN) (ESK), 2023 WL 3597633 (D.N.J. May 23, 2023), the court denied defendants’ motion for summary judgment on plaintiff’s claim of religion-based hostile work environment under Title VII of the Civil Rights Act of 1964 and the New…

Read More Student-on-Teacher Anti-Semitic-Based Hostile Work Environment Claim Survives Summary Judgment
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In Kirstyn Crawford v. American Broadcasting Company, et al., No. 157874/21, 2022-02552, 258, 2023 N.Y. Slip Op. 02611, 2023 WL 3468449 (N.Y.A.D. 1 Dept., May 16, 2023), the court modified the lower court’s dismissal of plaintiff’s hostile work environment and sex discrimination claims. From the decision: The allegations supporting plaintiff’s hostile work environment and sex…

Read More Sex-Based Hostile Work Environment Claim Against ABC Resurrected From Dismissal
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In Montgomery v. St. John’s United Church of Christ, 2023 WL 2820472 (Ohio App. 5 Dist., 2023), the court upheld a lower court decision dismissing, pursuant to the “ministerial exception”, plaintiff’s sexual harassment hostile work environment claim. From the decision: The circuits are split on whether the ministerial exception categorically bars courts from considering a…

Read More Sexual Harassment Hostile Work Environment Claim Barred by “Ministerial Exception”
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In Davenport v. Manual Woodworkers and Weavers, Inc., 2023 WL 3063384 (W.D.N.C. April 24, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. Among other things, plaintiff (who is African American) alleged that he was subjected to a racial epithet; specifically, that a co-worker called out to him,…

Read More Co-Worker’s Racial Epithet Not Imputable to Employer; Hostile Work Environment Claim Dismissed
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In Milczak v. General Motors, LLC, Case No. 21-CV-11484, 2023 WL 3129473 (E.D.Mich. April 27, 2023), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s age-based hostile work environment claim asserted under the Age Discrimination in Employment Act. From the decision: Even if plaintiff had exhausted his administrative remedies, the conduct he…

Read More “Old Fart” and Other Comments Insufficient to Create Hostile Work Environment: Court
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