Hostile Work Environment

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In Miles v. Pepsico et al, 20-cv-1591, 2022 WL 798272 (N.D.N.Y. March 16, 2022), a case arising from allegations of a racially discriminatory workplace – asserted by one African American plaintiff and two of his Caucasian co-workers – the court granted defendants’ motion to dismiss plaintiff’s claims for (1) intentional infliction of emotional distress, (2)…

Read More Racially Discriminatory Workplace Allegations May Not Proceed Under “Intentional Infliction of Emotional Distress” Theory; Negligence Claims Barred by NY Workers’ Compensation Law
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In Montiel v. Degeorgio, No. 155126/2019, 2022 WL 783951 (N.Y. Sup Ct, New York County Mar. 15, 2022), the court, inter alia, denied defendants’ motion to dismiss employment discrimination claims asserted by plaintiff under the New York City and State Human Rights Laws. Among other things, plaintiff – a 38 year-old Hispanic male employed as…

Read More Discrimination, Hostile Work Environment Claims Sufficiently Alleged Against Boat Basin Café
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In Litten v. GM Components Holdings, LLC, 2022 WL 706971 (W.D.N.Y. March 9, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim – based on her status as a Native American – asserted under Title VII of the Civil Rights Act of 1964. This case is, unfortunately, yet another that serves as an…

Read More “Dirty Indian” Comment Insufficient to Support Hostile Work Environment Claim, Court Holds
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In Omyla v. Smiletech, Inc., No. 517483/2021, 2022 WL 524944 (N.Y. Sup Ct, Kings County Feb. 14, 2022), the court, inter alia, denied the individual defendant’s (Ifraim Agababayev) motion to dismiss discrimination and harassment claims asserted under the New York State and City Human Rights Laws. In this case, plaintiff (a dental technician) asserts causes…

Read More Discrimination, Sexual Harassment Claims Sufficiently Alleged Against Individual Defendant, Court Holds
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In Diaz v. Champion Parking Corp., No. 151477/2021, 2022 WL 617009 (N.Y. Sup Ct, New York County Mar. 02, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims for “quid pro quo” and hostile work environment sexual harassment under the New York State and City Human Rights Laws. The court summarized the…

Read More Sexual Harassment Claims Stated Against Champion Parking Corp.
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In McKinney v. State of New York et al, 19-CV-3920, 2022 WL 602970 (S.D.N.Y. March 1, 2022), the court, inter alia, dismissed plaintiff’s (a correction officer) race-based hostile work environment claim. The court summarized the “black letter” law of this claim as follows: To state a hostile work environment claim, Plaintiff must show that Defendants’…

Read More Off-Premises Conduct Did Not Give Rise to Racially Hostile Work Environment, Court Holds
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In Wilkins v. United Parcel Service, Inc. d/b/a UPS et al, 19-cv-8180, 2022 WL 597431 (S.D.N.Y. Feb. 28, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of a race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. This decision is a good example…

Read More Race-Based Hostile Work Environment Survives Summary Judgment Against UPS
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In Mondelo v. Quinn, Emanuel, Urquhart & Sullivan, LLP et al, 21-cv-02512, 2022 WL 524551 (SDNY Feb. 22, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s Spanish Ethnicity/Ancestry/National Origin-based hostile work environment claims under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights…

Read More Spanish Ethnicity/Ancestry/National Origin Hostile Work Environment Claim Survives Against Quinn, Emanuel Law Firm
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In Gittens v. Winthrop Hospitalist Associates, P.C. et al, 19-CV-5070, 2022 WL 504490 (E.D.N.Y. Feb. 18, 2022), the court held, inter alia, that plaintiff sufficiently alleged a race-based hostile work environment claims under 42 U.S.C. § 1981 and the New York State Human Rights Law. Initially, the court held that plaintiff did not state a…

Read More Race-Based Hostile Work Environment Claim, Based on Assignment of “Menial Tasks”, Sufficiently Alleged
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In Quintero v. Angels of the World, Inc., 19-CV-6126, 2021 WL 4464123 (E.D.N.Y. Sept. 10, 2021), the court, inter alia, assessed emotional distress damages to be awarded to plaintiff (an exotic dancer), upon defendants’ default, on her claims of race-based discrimination and hostile work environment, hostile work environment sexual harassment, among others. The court summarized…

Read More Exotic Dancer Awarded $30,000 in Emotional Distress Damages Upon Defendants’ Default in Sexual Harassment Case
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