Hostile Work Environment

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In a recent decision, Simmons v. Safeway, Inc. d/b/a Haggen Food and Pharmacy et al., 19-35715 (9th Circuit Aug. 5, 2020) (deemed “not for publication”),[1]General information about this practice here the U.S. Court of Appeals for the Ninth Circuit reversed a summary judgment granted to defendant in plaintiff’s sexual harassment case asserted under Title VII…

Read More Ninth Circuit Reinstates Sexual Harassment Case Against Safeway
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In Vucinaj v. New York City Police Department et al, 2020 WL 4677597 (SDNY Aug. 12, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: It is clear, based on Plaintiff’s testimony, that he subjectively perceived the environment at the NYPD to be hostile during his tenure. But the acts…

Read More Hostile Work Environment Claim Against NYPD Dismissed; Anti-Albanian Comments Were “Sporadic”
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In Tuan v. Flatrate Moving Network LLC, 2020 WL 4606318 (SDNY August 11, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the law as follows: To establish a hostile work environment under Title VII … a plaintiff must…

Read More Hostile Work Environment Claim Dismissed; Conduct, Including “Sarcastic” and “Belittling” Remarks, Was Sporadic
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In Chang v. Arroyave, No. 55459/2020, 2020 N.Y. Slip Op. 50910(U), 2020 WL 4690002 (Sup Ct Westchester Cty Aug. 12, 2020), the court denied defendant’s motion to dismiss plaintiff’s defamation claim. The court summarized the facts as follows: On or about April 2, 2020, attorneys for Sonia Arroyava issued a letter for settlement purposes only…

Read More Defamation Case, Arising From Threat of Discrimination/Hostile Work Environment Lawsuit, Survives Motion to Dismiss
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In Barton et al v. Warren County et al, 2020 WL 4569465 (N.D.N.Y. August 7, 2020), the court, inter alia, dismissed plaintiffs’ gender/pregnancy-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964.[1]Here, for the sake of narrowing the discussion, I’ll discuss the court’s evaluation of the claims asserted by…

Read More Pregnancy-Related Title VII Hostile Work Environment Claim Dismissed; Three Alleged Remarks in One-Month Period Insufficiently “Severe” or “Pervasive”
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In Reppert v. New York State Department of State, 19-cv-01518, 2020 WL 4346932 (N.D.N.Y. July 28, 2020), the court, inter alia, dismissed plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. Initially, the court explained the well-established law: Because discrimination claims implicate an employer’s usually unstated intent and state…

Read More Race Discrimination Complaint Dismissed; Allegations of “Racist Behavior” Held Insufficiently Specific
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In Kilcullen v. The New York and Presbyterian Hosp., No. 650470/2015, 2020 WL 4048130 (N.Y. Sup Ct, New York County July 15, 2020), the court granted defendant’s motion for summary judgment and dismissed plaintiff’s claims of retaliatory discharge in violation of New York’s whistleblower laws (Labor Law 740, 741), as well as constructive discharge. In…

Read More Whistleblower Claims Dismissed; Employer’s Refusal to Accept Resignation Retraction Not an “Adverse Employment Action”
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In Allen v. City of New York et al, 18-cv-9663, 2020 WL 4287361 (SDNY July 27, 2020), the court, inter alia, dismissed plaintiff’s complaint alleging a hostile work environment claim under Title VII of the Civil Rights Act of 1964 Initially, the court dismissed plaintiff’s complaint, and provided plaintiff with an opportunity to amend her…

Read More Hostile Work Environment Claim Dismissed; Single Remark Insufficiently “Severe”
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In Farmer v. Shake Shack Enterprises, LLC et al, 2020 WL 4194860 (S.D.N.Y. July 21, 2020) (J. Engelmayer), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s claims of hostile work environment asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. (Plaintiff did not…

Read More Pregnancy-Related Hostile Work Environment Claims Dismissed Against Shake Shack et al
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In Benedetto v. New York State Office of Children and Family Services, 2020 WL 4049945 (N.D.N.Y. July 20, 2020), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s gender-based hostile work environment claim under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the decision:…

Read More Gender-Based Hostile Work Environment Claim Stated; Allegations Included Use of “Gender-Based Slurs”
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