Hostile Work Environment

In Qin v. Vertex, Inc., 2024 WL 1920379 (3d Cir. May 2, 2024), the court affirmed the lower court’s grant of summary judgment dismissing plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Qin alleged that he suffered a hostile work environment. He points to…

Read More Hostile Work Environment Claim Properly Dismissed; Three Comments Over Nearly Two Decades Insufficient
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In Painadath v. Melissa Lattanzio, et al, No. 22-3604, 2024 WL 1836500 (E.D.Pa. April 26, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: Construed liberally, Painadath pleads a hostile work environment sexual harassment claim. Painadath alleges that Mrs. Susan made a sexual advance…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Question of Severity or Pervasiveness Best Evaluated at Summary Judgment
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In Johnson v. School District of Philadelphia, 2024 WL 1773358 (E.D.Pa. April 24, 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 and 42 U.S.C. § 1981. From the decision: For racist comments, slurs, and jokes to…

Read More Hostile Work Environment Claims Dismissed; Comments Invoking “Racial Stereotypes” Did Not Amount to a “Steady Barrage”
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In Howard v. State of Arizona et al, 2024 WL 1619400 (D.Ariz. April 15, 2024), the court granted defendant’s motion to dismiss plaintiff’s hostile work environment asserted under Title VII of the Civil Rights Act of 1964. From the decision: Title VII is not meant as “a general civility code” and “sporadic use of abusive…

Read More Title VII Race/Sex-Based Hostile Work Environment Claims Dismissed; Single Incident Held Insufficient
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In Rivera v. The Fortune Soc., Inc., No. 150022/2023, 2024 WL 1532756 (N.Y. Sup Ct, New York County April 9, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s employment discrimination claims asserted under the New York State and City Human Rights Law. From the decision: To state a prima facie case of…

Read More Hispanic Native American Man’s Discrimination Claims Survive Dismissal
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In Doyle v. American Glory Restaurant Corp. and Joseph Fiero, 23 Civ. 7624 (PAE), 2024 WL 1466161 (S.D.N.Y. April 4, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s first amended complaint (FAC) alleging a sex-based hostile work environment under Title VII of the Civil Rights Act of 1964 and the New York…

Read More Sex-Based Hostile Work Environment Claims Plausibly Alleged; Allegations Included Sexual Comments, Display of Pornography
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In Stanley v. Elmer Phelon et al, 23-731-cv, 2024 WL 1453872 (2d Cir. April 4, 2024), the Second Circuit, inter alia, affirmed the lower court’s dismissal of plaintiff’s hostile work claim under the Rehabilitation Act. From the decision: Stanley argues that the district court erred by dismissing his hostile work environment claim under the Rehabilitation…

Read More Hostile Work Environment Claim Properly Dismissed, Absent Link Between Alleged Misconduct and Kidney Disease
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In Mays v. Powder Coating Plus, Inc., 2024 WL 894948 (D.Nev. Feb. 29, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim of sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff does not allege any subjection to sexual conduct that was linked to…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed, Absent Further Details of Alleged Harassment
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In Herbowy-Hubalek v. Lithia of Yorkville-3, LLC et al, 6:21-CV-43 (FJS/MJK), 2024 WL 1329035 (N.D.N.Y. March 28, 2024), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964.  The court summarized the evidence supporting plaintiff’s…

Read More Sexual Harassment Claim Survives Summary Judgment; Evidence Included Touching, Looking Down Shirt, Grabbing Own Penis
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In Goldberg v. Bespoke Real Estate LLC, et al, 23-CV-5614 (JPO), 2024 WL 1256006 (S.D.N.Y. March 25, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1981. From the decision: The Goldberg Plaintiffs next bring a claim of hostile work environment under 42…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal, Notwithstanding Plaintiff’s Alleged Use of Offensive Language
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