Hostile Work Environment

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In Yeaman v. City of Burley et al, No. 4:21-cv-00345-BLW, 2023 WL 2868575 (D.Idaho April 10, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. The court summarized the basis for its decision as follows: Here, Yeaman easily satisfies the first two elements of her…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Evidence Included Verbal and Physical Conduct
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In Girardi v. Ferrari Express, Inc. et al, 220-CV-4298 (VSB), 2023 WL 2744027 (S.D.N.Y. March 31, 2023), the court held that plaintiff sufficiently alleged claims of sexual harassment, and thus denied defendant’s motion to dismiss. As to plaintiff’s claim against individual defendant Fabio Ravera, defendant Ferrari Express’s general manager and chief financial officer, the court…

Read More Sexual Harassment (Hostile Work Environment) Claim Sufficiently Alleged
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In Lang v. District of Columbia, et al, 2023 WL 2708820 (D.D.C. March 30, 2023), the U.S. District Court for the District of Columbia dismissed plaintiff’s “failure to protect against hostile work environment” claim. From the decision: That leaves Plaintiff’s claims based on Defendants’ negligent failure to protect her from the hostile work environment. These…

Read More Court Declines to Recognize, and Dismisses, Hostile Work Environment Claim Based on “Negligent Supervision” Theory
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In Degefu v. Department of Veterans Affairs et al, Civil Action No. 20-cv-3548 (BAH), 2023 WL 2707494 (D.D.C. March 30, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claim. From the decision: The record before this Court suffices to meet the standard that a reasonable juror could…

Read More Hostile Work Environment Claim Survives Summary Judgment; Alleged Abusive Treatment Followed Accommodation Request
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In Sylla v. New York City Department of Education et al, 18-CV-6524 (RPK) (MMH), 2023 WL 2667072 (E.D.N.Y. March 28, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. In this case, plaintiff alleged that a co-worker repeatedly called him “mono”, which is Spanish for monkey.…

Read More “Monkey” Comments Cited in Decision Denying Summary Judgment on Race-Based Hostile Work Environment Claim
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In Summerville v. Tradeweb Markets, LLC, No. 160245/2021, 2023 WL 2613131 (N.Y. Sup Ct, New York County Mar. 23, 2023), the court, inter alia, dismissed plaintiff’s race- and gender-based discrimination and hostile work environment claims asserted under the New York State and New York City Human Rights Laws. From the decision: Plaintiff alleges that the…

Read More Race/Gender Discrimination & Hostile Work Environment Claims Dismissed
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In White–Barnes v New York State Department of Corrections and Community Supervision, No. 535384, 2023 N.Y. Slip Op. 01561, 2023 WL 2602608 (N.Y.A.D. 3 Dept. Mar. 23, 2023), the court modifying and reversing a lower order dismissing, on summary judgment, plaintiff’s claim of an age-based hostile work environment leading to her constructive discharge. In sum,…

Read More “Grandma” Comments Result in Age-Based Discrimination, Hostile Work Environment, Constructive Discharge Claims Being Resurrected From Summary Judgment Dismissal
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In Johnson v. The City of Troy et al, 1:20-cv-1279 (MAD/TWD), 2023 WL 2587945 (N.D.N.Y. March 21, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the “black letter” law governing this claim,…

Read More Title VII Race-Based Hostile Work Environment Claim Survives Summary Judgment Against City of Troy
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A recent case, Bady v. Illinois Central Railroad Company, No. 2:21-cv-2693-MSN-cgc, 2023 WL 2482229 (W.D.Tenn. March 13, 2023), illustrates the difficulties encountered by plaintiffs in attempting to plead and prove a hostile work environment claim. To wit: Drawing a chalk line down Plaintiff’s buttock without his knowledge or consent, posting a photo about it, and…

Read More Hostile Work Environment Claim Insufficiently Alleged; “Chalk Buttock Line” Insufficient
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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
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