Hostile Work Environment

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In 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 Insufficient
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In 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
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In Paschall v. Tube Processing Corporation, 2022 WL 775413 (7th Cir. March 15, 2022), the U.S. Court of Appeals for the Seventh Circuit, inter alia, affirmed the dismissal of plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Among other things, plaintiff alleged that a male co-worker made sexual/obscene…

Read More Sexual Harassment (Hostile Work Environment) Claim Dismissal Affirmed; Co-Worker’s Harassment Not Imputable to Employer
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In Gangadharan v. GNS Goods and Services, et al, 18-cv-7342, 2022 WL 824135 (E.D.N.Y. March 18, 2022), the court, inter alia, granted plaintiff’s motion for default judgment on her claims of religion and gender-based hostile work environment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and…

Read More Hostile Work Environment Claims Sufficiently Alleged; Allegations Include “Muslim Bitch” Comments
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In Malone v. TDMW Management Inc., No. 5:21-cv-180, 2022 WL 507436 (N.D.Ala. Feb. 18, 2022), the court, inter alia, held that plaintiff did not state a plausible sexual harassment (hostile work environment) claim under Title VII of the Civil Rights Act of 1964, and therefore denied plaintiff’s motion for a default judgment as to this…

Read More Title VII Sexual Harassment (Hostile Work Environment) Claim Not Plausibly Alleged; Three Instances of Harassment Insufficient
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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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