Hostile Work Environment

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In Bobowicz v. Holy Name Medical Center, Inc., 2023 WL 2579058 (N.J.Super.A.D. March 21, 2023), the court affirmed the dismissal of plaintiff’s sexual harassment claim. From the decision: Plaintiffs assert this case is subject to the Lehmann standard, which concerns sexual harassment that creates a hostile work environment. Lehmann v. Toys ‘R’ Us, Inc., 132…

Read More Sexual Harassment Claim Properly Dismissed in Light of Consensual Nature of Relationship, Court Holds
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In Rabinowitz v. St. Joseph’s Regional High School, Roman Catholic Archdiocese of Newark, Civil Action No. 18-16498 (JXN) (ESK), 2023 WL 3597633 (D.N.J. May 23, 2023), the court denied defendants’ motion for summary judgment on plaintiff’s claim of religion-based hostile work environment under Title VII of the Civil Rights Act of 1964 and the New…

Read More Student-on-Teacher Anti-Semitic-Based Hostile Work Environment Claim Survives Summary Judgment
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In Kirstyn Crawford v. American Broadcasting Company, et al., No. 157874/21, 2022-02552, 258, 2023 N.Y. Slip Op. 02611, 2023 WL 3468449 (N.Y.A.D. 1 Dept., May 16, 2023), the court modified the lower court’s dismissal of plaintiff’s hostile work environment and sex discrimination claims. From the decision: The allegations supporting plaintiff’s hostile work environment and sex…

Read More Sex-Based Hostile Work Environment Claim Against ABC Resurrected From Dismissal
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In Montgomery v. St. John’s United Church of Christ, 2023 WL 2820472 (Ohio App. 5 Dist., 2023), the court upheld a lower court decision dismissing, pursuant to the “ministerial exception”, plaintiff’s sexual harassment hostile work environment claim. From the decision: The circuits are split on whether the ministerial exception categorically bars courts from considering a…

Read More Sexual Harassment Hostile Work Environment Claim Barred by “Ministerial Exception”
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In Davenport v. Manual Woodworkers and Weavers, Inc., 2023 WL 3063384 (W.D.N.C. April 24, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. Among other things, plaintiff (who is African American) alleged that he was subjected to a racial epithet; specifically, that a co-worker called out to him,…

Read More Co-Worker’s Racial Epithet Not Imputable to Employer; Hostile Work Environment Claim Dismissed
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In Milczak v. General Motors, LLC, Case No. 21-CV-11484, 2023 WL 3129473 (E.D.Mich. April 27, 2023), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s age-based hostile work environment claim asserted under the Age Discrimination in Employment Act. From the decision: Even if plaintiff had exhausted his administrative remedies, the conduct he…

Read More “Old Fart” and Other Comments Insufficient to Create Hostile Work Environment: Court
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In Bernardi v. New York State Department of Corrections and Community Supervision, 2023 WL 3230558 (S.D.N.Y. May 3, 2023), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s race- and national-origin based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: At his…

Read More Race/National Origin-Based Hostile Work Environment Claim Dismissed; “Go Back to Italy” Allegation Insufficient
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In Peña et al v. Clark County, Case No. 3:21-cv-05411-DGE, 2023 WL 3160157 (W.D.Wash. April 28, 2023), the court, inter alia, denied 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: The County argues Plaintiffs lack evidence to…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Court Cites “Multiple Racial Insults”
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In Edouard v. John S. Connor, Inc., Civil No. 2:22cv263, 2023 WL 3127622 (E.D.Va. April 27, 2023), the court, inter alia, held that plaintiff sufficiently alleged a plausible hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Although Plaintiff’s factual allegations are not overly detailed, the Court…

Read More Title VII Hostile Work Environment Survives Dismissal; Allegations Included Supervisor’s Comments About Chinese Persons’ Appearance and Eating Habits
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In Rivas v. New York Lottery, 2023 WL 2968185 (N.D.N.Y. April 17, 2023), the court, inter alia, granted defendants’ to dismiss plaintiff’s complaint alleging a hostile work environment claim under Title VII of the Civil Rights Act of 1964. The court provides the following synopsis of the governing law, and its application to the facts…

Read More Title VII Hostile Work Environment Claim Dismissed, Notwithstanding Allegations of Screaming, Stalking, Bullying, Etc.
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