Hostile Work Environment

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In Lanier v. Wise County et al, Civil Action No. 4:23-cv-01241-O, 2024 WL 4536468 (N.D.Tex. Oct. 21, 2024), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s claim of same-sex sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: The Fifth Circuit has established a two-step process…

Read More Applying Fifth Circuit Law, Court Dismisses Title VII Same-Sex Sexual Harassment Claim
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In Munck v. Simons Foundation, 2024 WL 4307776 (S.D.N.Y. Sept. 26, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After determining that plaintiff did not allege any timely acts to “anchor” earlier related acts to enable…

Read More Hostile Work Environment Claim Dismissed; Only Timely Alleged Act Was Termination of Employee Outside Plaintiff’s Protected Class
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In Jesenia Villalobos v. Merrill Lynch, No. CV-24-02139-PHX-JJT, 2024 WL 4566852 (D.Ariz. Oct. 24, 2024), the court dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act 1964. After summarizing the black-letter law, the court applied it to the facts: In this case, the conduct complained of by Plaintiff was…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; Expressed Romantic Interest Was Not Sufficiently “Severe”
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In McBride v. C&C Apartment Management LLC et al, 21 Civ. 02989 (DEH), 2024 WL 4403701 (S.D.N.Y. Oct. 1, 2024), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s race, national origin, and religion-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C.…

Read More Race-Based Hostile Work Environment Claim Dismissed; Corrective Action Followed Alleged “N-Word” Utterance
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In Reach v. Healthfirst, Inc., 23-CV-8085 (JPO), 2024 WL 4493769 (S.D.N.Y. Oct. 15, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws.[1]The court initially found that plaintiff failed to sufficiently allege claims under federal law. From the decision:…

Read More Race-Based Hostile Work Environment Claims Sufficiently Alleged Under NYS and NYC Human Rights Laws
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In Holmes v. Lloyd J. Austin, III, Civil Action No. 23-2415 (LLA), 2024 WL 4345829 (D.D.C. Sept. 30, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Ms. Holmes alleges that Major Sinclair perpetuated a…

Read More “Monkey” Comment Gives Rise to Actionable Race-Based Hostile Work Environment Claim, Court Holds
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In Soto v. Vanguard Construction and Development Company, Inc., 23 Civ. 6044 (JPC), 2024 WL 4289106 (S.D.N.Y. Sept. 25, 2024), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s claim of race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. This decision illustrates the boundaries of what allegations…

Read More Court Dismisses Title VII Race-Based Hostile Work Environment Claim
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In King v. UA Local 91 et al, 2024 WL 4437132 (N.D.Ala. Oct. 7, 2024), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claims under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. From the decision: The only evidence Plaintiffs cite…

Read More Confederate Flag Did Not Give Rise to Hostile Work Environment, Court Holds
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In Luo v. AIK Renovation Inc. et al, 2023-cv-5878 (LJL), 24 WL 4444283 (S.D.N.Y. Oct. 8, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim asserted under the New York State and City Human Rights Laws. From the decision: Under the NYCHRL, the conduct at issue must…

Read More Race/National Origin (Chinese) Hostile Work Environment Claims Survive Summary Judgment, Court Rules
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In Frey v. Northern Soy, Inc. et al, Case # 23-CV-6198-FPG, 2024 WL 4373767 (W.D.N.Y. Oct. 2, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claim. From the decision: Defendants also contend that Plaintiff has failed to state a claim for hostile work environment.3 See ECF No. 10-1…

Read More Sex-Based Hostile Work Environment Claim Sufficiently Alleged; Alleged Comments Included Remarks About Women’s Physical Attributes, Appearance, and Weight
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