Hostile Work Environment

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In Harris v. Sam’s East, Inc., 4:20-CV-176 (CDL), 2022 WL 1631963 (M.D.Ga. May 23, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim for retaliation under Title VII of the Civil Rights Act of 1964. This case illustrates that a retaliation claim may survive, even though the underlying claim –…

Read More Retaliation Claim, Arising From Complaints of Sexual Harassment, Survives Summary Judgment
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In Chen v. Jewish Bd. of Family and Children’s Services, Inc., No. 525625/18, 2022 WL 1540178 (N.Y. Sup Ct, Kings County May 13, 2022), the court dismissed, on summary judgment, plaintiff’s claims of gender discrimination and hostile work environment asserted under the New York City Human Rights Law. As to plaintiff’s discrimination claim, the court…

Read More Sex/Gender-Based Hostile Work Environment Claim Dismissed; “Insensitive” Comments Amounted to “Petty Slights and Trivial Inconveniences”
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In Turner v. Copeland Group USA Inc, 2022 WL 1508446 (S.D.Tex. May 10, 2022), 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. The court summarized the relevant facts as follows: Plaintiffs Vanessa La Barrie and Celmira Turner…

Read More Race-Based Hostile Work Environment Claim, While Based on “Scant” Allegations, Survived Dismissal
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In Makhsudova v. City of New York et al, 2022 WL 1571152 (S.D.N.Y. May 18, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Hostile Work Environment Claims, Asserted by Muslim Uzbek Woman, Survive Dismissal
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In Lewis v. Exelon Corp., et al., 21-cv-3299, 2022 WL 1556329 (D.D.C. May 17, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: According to Lewis, his supervisor’s behavior was “severe and pervasive,” Compl. ¶ 17, but this is a conclusory allegation that the Court need not take as true.…

Read More Disability (Asthma)-Based Hostile Work Environment Claim Dismissed
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In Rippstein v. Boeing Company, et al, 2022 WL 1522155 (D.Ariz. May 13, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Defendant next argues that the three anonymous emails sent to Plaintiff’s…

Read More Title VII Hostile Work Environment Claim Survives Summary Judgment Against Boeing; Evidence Included Death Threats
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In Haughton v. Ja-Co Foods, Inc. d/b/a Sonic Drive-Ins, No. 1:20-CV-241-SA-DAS, 2022 WL 1498107 (N.D. Miss. May 11, 2022), the court held that plaintiff presented sufficient evidence to survive summary judgment on plaintiff’s hostile work sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Generally, in order to make out…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Evidence Included Singing “Inappropriate Songs” and “Humping”
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In Wallace v. Crab House, Inc. et al, 21-cv-5757 (LJL), 2022 WL 1501089 (S.D.N.Y. May 12, 2022), the court dismissed plaintiff’s claims of race discrimination and hostile work environment asserted under federal, state, and local law. In sum, plaintiff (who is African American) alleges that he and two employees of Hispanic descent were treated differently…

Read More Federal (42 U.S.C. § 1981) Race-Based Hostile Work Environment Claim Dismissed; Accusations of Tip Theft Etc. Insufficient
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In Errickson v. Lakeland Regional Medical Center, Inc., 8:22-cv-533-VMC-CPT, 2022 WL 1487588 (M.D.Fla. May 11, 2022), the court dismissed plaintiff’s disability-based hostile work environment claim asserted under the Americans with Disabilities Act. After summarizing the “black letter” law, the court applied it to the facts: Although the issue of whether harassment was severe and pervasive…

Read More “Unpleasant” Conduct Nevertheless Insufficient to Give Rise to a Plausible ADA Hostile Work Environment Claim, Court Holds
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In Nyambi v. Delta Airlines, Inc., No. 2:21-cv-00369-JHC, 2022 WL 1443741 (W.D.Wash. May 6, 2022), the court granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Assuming Plaintiff pleaded a hostile work environment claim, he fails to…

Read More Race-Based Hostile Work Environment Claim Dismissed; Single “Stupid African” Remark Insufficiently “Severe”
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