Hostile Work Environment

by

In a recent case, High v. Wells Fargo Bank, 2023 WL 2505540 (E.D.Va. March 14, 2023), the court offered interpretive guidance on 42 U.S.C. § 1981 which, generally, prohibits race discrimination in the making and enforcement of contracts (which has been interpreted to mean the “at will” employment relationship). While Title VII of the Civil…

Read More Court Discusses 42 U.S.C. § 1981’s Applicability Where National Origin Discrimination is Alleged
Share This:
by

In Schlegel v. Finney County, Kansas, Board of Commissioners, No. 21-1288-JAR-KGG, 2023 WL 2428900 (D.Kan. March 9, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sexual orientation-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Here, Plaintiff points to no single…

Read More Sexual Orientation-Based Hostile Work Environment Claim Survives Summary Judgment
Share This:
by

In Walker v. Christine E. Wormuth, Secretary of the Army, 2023 WL 2428903 (D.Kan. March 9, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Defendant argues that the Court must dismiss this claim…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal; Court Cites “Troublemaker” and “Angry Black Woman” Comments
Share This:
by

In McKenzie v. Southern Nuclear Operating Company, 2023 WL 2403778 (S.D.Ga. March 8, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s race- and gender-based hostile work environment claims. From the decision: At most, there are only two allegations Plaintiff has made that can be connected in any way to her race or…

Read More Hostile Work Environment Claim Dismissed; Comment About Plaintiff’s Thighs, “Baby Daddy” Insufficient
Share This:
by

In Stein v. Town of Greenburgh et al, No. 21-CV-05673 (PMH), 2023 WL 2432574 (S.D.N.Y. March 8, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. Here’s the core of court’s decision on that point: A claim…

Read More Title VII Sex-Based Hostile Work Environment Claim Survives Dismissal; “Continuing Violation” Doctrine Applied
Share This:
by

In Baez v. Amazon.com Services, LLC, 2023 WL 2390539 (E.D.N.Y. March 7, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s national origin-based hostile work environment claim. After summarizing the “black letter” law applicable to this claim, the court applied it to the facts, as follows: Here, Plaintiff alleges that ever since the…

Read More National Origin-Based Hostile Work Environment Dismissed Against Amazon
Share This:
by

In Garza v. Antony Blinken, Secretary of United States Department of State, 2023 WL 2239352 (D.D.C. Feb. 27, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff’s allegations against Favret do not amount…

Read More Title VII Sex-Based Hostile Work Environment Claim Dismissed; Staring at Breasts, Among Other Conduct, Deemed Insufficient by Court
Share This:
by

In Brandenburg, Elizabeth et al v. Greek Orthodox Archdiocese of North America et al, 2023 WL 2185827 (S.D.N.Y. Feb. 23, 2023), the court addressed the following question, which has divided various courts: “whether, and under what circumstances, a clergy member can bring a claim for hostile work environment discrimination or retaliation against a religious employer.”…

Read More Nuns’ Hostile Work Environment Sexual Harassment Claims Survive Summary Judgment Against Greek Orthodox Archdiocese of North America; “Ministerial Exception” Did Not Bar Claims
Share This:
by

In Simmons v. Transforce, Inc., 2023 WL 2192239 (S.D.Miss. Feb. 23, 2023), the court granted defendant’s motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c). From the decision: Plaintiff has not alleged sufficient facts to state a hostile work environment claim. His allegations that he was bullied and harassed and treated…

Read More Hostile Work Environment Claim Dismissed; Conclusory Allegations of Bullying and Harassment Held Insufficient
Share This:
by

In Williams v. New York City Housing Authority, No. 21-1527-cv, 2023 WL 2171483 (2d Cir. Feb. 23, 2023), the U.S. Court of Appeals for the Second Circuit vacated the district court’s order granting defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claim. From the decision: The district court erred when it identified…

Read More Second Circuit Revives Race-Based Hostile Work Environment Claim From Summary Judgment Dismissal Against NYC Housing Authority
Share This: