In Kinwing (Ricky) Kwong v. The City of New York et al., No. 152932/13, 15574, 2021-00645, 2022 N.Y. Slip Op. 02342, 2022 WL 1038073 (N.Y.A.D. 1 Dept., Apr. 07, 2022), the court, inter alia, affirmed the lower court’s denial of defendants’ motion for summary judgment on plaintiff’s hostile work environment claims. From the decision: The…
Read More Hostile Work Environment Claims, Based on Mocking of Accent, May ProceedIn Olin v. Rochester City School District, 2022 WL 967707 (W.D.N.Y. March 31, 2022), the court, inter alia, dismissed plaintiff’s gender-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. This decision illustrates that a work environment that might be considered…
Read More Hostile Work Environment Claim Dismissed; “Rude”, “Mean” Actions InsufficientIn Campo v. City of New York et al, 2022 WL 970730 (E.D.N.Y. March 31, 2022), the court, inter alia, denied defendants’ motion for summary judgment as to several claims, including plaintiff’s “supervisory liability” claim against several individual defendants in connection with her sexual harassment claim. This decision is instructive as to how courts assess…
Read More Sexual Harassment (Hostile Work Environment) Claim Proceeds Against Individual Defendant on “Aiding and Abetting” / “Negligent Supervision” TheoryIn Fitzgerald v. The We Company d/b/a WeWork et al, 20 Civ. 5260, 2022 WL 952963 (S.D.N.Y. March 30, 2022), the court, inter alia, granted defendants’ motion for summary judgment dismissing plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, Fitzgerald describes…
Read More Sexual Harassment (Hostile Work Environment) Claim Dismissed; “Vulgar and Inappropriate” Conduct Did Not Meet Title VII StandardIn Legg et al v. Ulster County et al, 2022 WL 909045 (N.D.N.Y. March 29, 2022), the court, inter alia, held that the jury’s award of $200,000 to one sexual harassment plaintiff was excessive, and that under the facts of the case, a new trial would be granted unless they agreed to accept $75,000. The…
Read More Sexual Harassment Plaintiff’s Emotional Distress Damages Remitted to $75,000In Dubie v. Buffalo Concrete Accessories, Inc., 21-cv-744, 2022 WL 901604 (W.D.N.Y. March 28, 2022), the court, inter alia, held that plaintiff failed to state a claim for a race-based hostile work environment under Title VII of the Civil Rights Act of 1964. From the decision: Dubie alleges that she was subject to “microagression[s]; racial…
Read More Race-Based Hostile Work Environment Claim, Based on “Microaggressions” etc., Insufficiently AllegedIn Alshami v. City University of New York, No. 15573, 160183/19, 2021-03967, 2022 N.Y. Slip Op. 02053, 2022 WL 867839 (N.Y.A.D. 1 Dept., Mar. 24, 2022), the court held that plaintiff sufficiently alleged discrimination based on national origin (Yemeni), hostile work environment, and retaliation in violation of the New York State Human Rights Law. From…
Read More National Origin (Yemeni) Discrimination, Hostile Work Environment, Retaliation Claims Sufficiently Alleged Against CUNYIn Brito et al v. Marina’s Bakery Corp. et al, 19-CV-00828, 2022 WL 875099 (E.D.N.Y. March 24, 2022), the court, inter alia, granted plaintiff’s motion for a default judgment on his hostile work environment claims asserted under the New York State and City Human Rights Laws. After summarizing the black-letter law as to those claims,…
Read More Plaintiff Entitled to Default Judgment on Hostile Work Environment Claims; Allegations Included Mocking of Visual and Hearing ImpairmentsIn Tillman v. NYC Human Resources Administration, 2022 WL 874947 (S.D.N.Y. March 24, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. After assuming (without explicitly deciding) that hostile work environment claims are cognizable under the…
Read More Title VII, ADA Hostile Work Environment Claims Dismissed; “Scattered” Allegations of Events Over Four Years InsufficientIn Boncoeur v. Haverstrap-Stony Point Central School District et al, 20-CV-10923, 2022 WL 845770 (S.D.N.Y. March 22, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim(s). This case is yet another example of how a work environment that is “hostile” in the dictionary sense is not necessarily a “hostile work environment” under the…
Read More Hostile Work Environment Claims Dismissed; Allegations of Mocking Accent, “Micro-Aggressions”, and Push Out of Office Insufficient