Hostile Work Environment

by

In Sears-Barnett v. Syracuse Community Health Center, Inc., 16-CV-426, 2021 WL 1202206 (N.D.N.Y. March 31 2021), the court, inter alia, dismissed plaintiff’s sexual harassment / hostile work environment claim. This case is an example of the “Faragher Ellerth” affirmative defense in action, and generally illustrates the risk associated with failing to timely assert a harassment…

Read More Sexual Harassment Complaint Dismissed; Court Cites “Two Years of Silence” Pre-Complaint
Share This:
by

In Akhtar v. Saudia d/b/a Saudi Arabian Airlines Corp., 2021 WL 1758807 (S.D.N.Y. May 4, 2021), the court held, inter alia, that plaintiff sufficiently alleged national origin and gender-based hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws. As to…

Read More Gender and National Origin-Based Hostile Work Environment Claims Continue Against Saudi Arabian Airlines
Share This:
by

In Ramos v. Metro-North Commuter Railroad et al, 2021 WL 1740644 (N.Y.A.D. 1 Dept., May 04, 2021), the court held that plaintiff presented enough evidence to defeat defendants’ motion for summary judgment on plaintiff’s claims of discriminatory termination, failure to accommodate, hostile work environment, and retaliation. As to plaintiff’s wrongful termination claim, the court held…

Read More Disability Discrimination, Hostile Work Environment, Retaliation Claims Survive Against Metro-North
Share This:
by

In Kohler v. Federal Emergency Management Agency, et al, 17-cv-07839, 2021 WL 1240322 (S.D.N.Y. April 2, 2021), the court, inter alia, ruled against plaintiff on her sex/gender-based hostile work environment claim. The court outlined the legal elements of such a claim: A plaintiff claiming that her employer created or tolerated a hostile work environment based…

Read More Sex-Based Hostile Work Environment Claim Dismissed Against FEMA
Share This:
by

In Grimes-Jenkins v. Consolidated Edison Company of New York, Inc., 2021 WL 1226658 (S.D.N.Y. March 31, 2021), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based 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…

Read More Race-Based Hostile Work Environment Claims Survive Summary Judgment Against Con Edison; Slavery Comment Cited
Share This:
by

In Grimes-Jenkins v. Consolidated Edison Company of New York, Inc., 2021 WL 1226658 (S.D.N.Y. March 31, 2021), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s gender-based 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…

Read More Gender-Based Hostile Work Environment Claims Survive Summary Judgment Against Con Edison
Share This:
by

In Murray v. NYU Langone Hospitals et al, No. 151402/2019, 2021 WL 1204988 (N.Y. Sup Ct, New York County Mar. 29, 2021), the court dismissed plaintiff’s discrimination and retaliation claims, but held that plaintiff’s sexual harassment / hostile work environment claim under the New York City Human Rights Law was sufficiently alleged. While this decision…

Read More Sexually Hostile Work Environment Claim Survives Dismissal Against NYU Langone Hospitals Under the NYC Human Rights Law
Share This:
by

In Jaffery v. Downtown Pharmacy, Inc., et al, 20 Civ. 3437, 2021 WL 1199074 (S.D.N.Y. March 30, 2021) (J. Daniels), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s discrimination and hostile work environment claims under 42 USC § 1981. From the decision: Here, Plaintiff alleges both a hostile work environment and discriminatory adverse employment…

Read More Section 1981 Employment Discrimination Claim Survives Dismissal Against Pharmacy
Share This:
by

In Espinosa v. Weill Cornell Medical College, 18 Civ. 11665, 2021 WL 1062592 (S.D.N.Y. March 19, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claim under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human…

Read More Gender-Based Hostile Work Environment Claim Against Weill Cornell Medical College Survives Summary Judgment
Share This:
by

In Tromblee v. The State of New York et al, 19-cv-0638, 2021 WL 981847 (N.D.N.Y. March 16, 2021), the court, inter alia, held that plaintiff’s hostile work environment sexual harassment claim “far exceed[ed] legal sufficiency.” While defendants did not move to dismiss this claim, the court’s discussion is nevertheless instructive. The court summarized the “black…

Read More Sexual Harassment / Hostile Work Environment Claim Held Legally Sufficient; Allegations Include Sexually Demeaning Language & Touching
Share This: