Hostile Work Environment

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In Wright v. Compass Group USA, No. 516793/2018, 2021 WL 2354877 (N.Y. Sup Ct, Kings County June 08, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment (hostile work environment) claims asserted under the New York State and City Human Rights Laws (NYSHRL and NYCHRL, respectively). The court summarized…

Read More Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment Against Compass Group USA
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In Lent v. The City of New York, No. 150403/2020, 2021 WL 2165646,  2021 N.Y. Slip Op. 31805(U), 6 (N.Y. Sup Ct, New York County May 19, 2021), the court, inter alia, dismissed plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. Generally, in order to make out a retaliation…

Read More NYPD Employee’s Retaliation Claims Dismissed; No “Protected Activity” Where Underlying Complaint Did Not Sufficiently Identify Harassment Based on Age
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In Alshami v. The City University of New York, No. 160183/2019, 2021 WL 2226424 (N.Y. Sup Ct, New York County June 02, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the New York State Human Rights Law. Specifically, plaintiff alleges that his co-worker made numerous offensive and derogatory comments about…

Read More Hostile Work Environment Claim Against CUNY Dismissed; Seven Offensive Comments and “Rude” Treatment Held Insufficient
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In Kraiem v. Jonestrading Institutional Services LLC, No. 19-5160, 2021 WL 2134818 (S.D.N.Y. May 26, 2021), the court, inter alia, granted plaintiff’s motion for leave to amend her First Amended Complaint to include an “aiding and abetting” theory of liability against one individual defendant (Mazzullo). From the decision: Plaintiff sufficiently alleges that Mazzullo aided and…

Read More Aiding-and-Abetting Claim Against Individual Defendant Sufficiently Alleged in Hostile Work Environment Sexual Harassment Case
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In Bilitch v. NYC Health & Hospitals Corp. et al, No. 17238/11, 2018-14913, 2021 N.Y. Slip Op. 03300, 2021 WL 2125826 (N.Y.A.D. 2 Dept. May 26, 2021), the court, inter alia, held that the employer was not entitled to summary judgment on plaintiff’s sexual harassment hostile work environment claims asserted under the New York State…

Read More Sexual Harassment Hostile Work Environment Claims Survive Summary Judgment Against NYC Health & Hospitals Corp.
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In Watkins v. NYC Transit Authority, 2021 WL 2099229 (2d Cir. May 25, 2021) (Summary Order), the Court affirmed the lower court’s order denying plaintiff’s motion for a new trial following a defense jury verdict. The court summarized the facts of the case as follows: On September 28, 2015, Watkins, a Caribbean-American Black woman, began…

Read More 2d Circuit Affirms Dismissal of Race-Based Co-Worker Hostile Work Environment Case Against NYC Transit Authority
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In Wimberly v. automotive Mastermind, Inc., No. 20-2880, 2021 WL 2043623 (SDNY May 21, 2021), the court, inter alia, dismissed, under Federal Rule of Civil Procedure 12(b)(6), plaintiff’s claim asserting a racially hostile work environment under 42 U.S.C. § 1981. The law, as summarized by the court: In order to establish a hostile work environment…

Read More Section 1981 Hostile Work Environment Race Discrimination Claim Dismissed; Disproportionate Scrutiny, “Ghetto” Comments, Etc. Insufficient
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From Bernardi v. New York State Department of Corrections and Supervision et al, No. 19-cv-11867, 2021 WL 1999159 (S.D.N.Y. May 19, 2021): Here, Plaintiff alleges that his colleagues, including Rushia, told him to “go back to his own country,” made many references to Plaintiff’s immigrant status, claimed that his “guinea food stinks,” and used Italian…

Read More “Go Back to Your Country”: Hostile Work Environment Claim Survives Dismissal
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In Tassy v. Peter Buttigieg, U.S. Secretary of Transportation, 2021 WL 1964549 (E.D.N.Y. May 17, 2021), the court, inter alia, dismissed plaintiff’s claims that he suffered a hostile work environment because of his race, color, and national origin. After concluding that plaintiff did not allege conduct that was sufficiently “severe or pervasive”, it continued: Here,…

Read More FAA Employee’s Hostile Work Environment Claim Dismissed
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In Butrym v. Sarsick et al, 20-CV-292, 2021 WL 1927073 (N.D.N.Y. May 13, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the Americans with Disabilities Act. Initially, the court discussed the viability of such claims under that statue: Because the ADA echoes and expressly refers to Title VII, and because…

Read More Hostile Work Environment Claim, Asserted Under the Americans with Disabilities Act, Dismissed
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