Hostile Work Environment

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In Wray v. Westchester Medical Center Advanced Physician Services, P.C., et al, 21-CV-00394 (PMH), 2022 WL 3214924 (S.D.N.Y. Aug. 9, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law.…

Read More Hostile Work Environment Claim Survive Summary Judgment; Defendant Applied the Wrong (NYSHRL) Standard
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In Doe v. Pennsylvania Dept. of Corrections et al, No. 4:19-CV-01584, 2022 WL 3219952 (M.D.Pa. Aug. 9, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s gender-based hostile work environment and constructive discharge claims asserted under the Equal Protection Clause. As to plaintiff’s hostile work environment claim, the court explained: Here,…

Read More Sex-Based Hostile Work Environment and Constructive Discharge Claims, Asserted Under the Equal Protection Clause, Survive Summary Judgment
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A recent decision, Carroll v. Amazon Data Services, Inc., No. 1:21-cv-01177 (RDA/TCB), 2022 WL 3161895 (E.D. Va. Aug. 8, 2022), illustrates that even workplace conduct that is, by most measures, unpleasant does not necessarily give rise to an actionable “hostile work environment” claim that violates Title VII of the Civil Rights Act of 1964. From…

Read More Hostile Work Environment Claim Dismissed; Hair Comments and Touching (While Troubling) Was Not Actionable Under Title VII
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In Frehoo, Inc. v. Bureau of Labor and Industries, 510 P.3d 888, 901, 319 Or. App. 548 (Or. App. May 18, 2022), the Court of Appeals of Oregon held that the evidence supported the conclusion by Oregon’s Bureau of Labor and Industries (BOLI) that an adult-entertainment establishment subjected an underage dancer to hostile work environment…

Read More Underage Exotic Dancer & Trafficking Victim Was Subject to Sexual Harassment, Court Holds
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In Gray v. Koch Foods, Inc. et al, 2022 WL 141533 (M.D.Ala. Jan. 14, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: The facts at issue here do not…

Read More Sexual Harassment Claim Survives Summary Judgment; Conduct Was Sufficiently “Severe” Even if Not “Pervasive”
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In Harris v. N.Y.C. Human Resources Administration et al, 20 Civ. 2011 (JPC), 2022 WL 3100663 (S.D.N.Y. Aug. 4, 2022), the court, inter alia, held that plaintiff sufficiently alleged age-based hostile work environment claims (in part) asserted under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York…

Read More Age-Based Hostile Work Environment Claims Survive, in Part, Against the N.Y.C. Human Resources Administration
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In Webb v. City of Venice, No. 8:19-cv-3045-TPB-TGW 2022 WL 2967291 (M.D.Fla. July 27, 2022), the court, inter alia, denied defendant’s motion for judgment as a matter of law on plaintiff’s claim of race-based hostile work environment claim. As to the issue of the existence of a hostile work environment, the court explained: This is…

Read More Race-Based Hostile Work Environment Jury Verdict Upheld; Evidence Included Use of “N-Word”
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In Karamatic v. Peyton Resource Group, L.P., No. 3:21-CV-02304-N, 2022 WL 2972222 (N.D.Tex. July 26, 2022), the court, inter alia, held that plaintiff sufficiently alleged hostile work environment sexual harassment in violation of Title VII of the Civil Rights Act of 1964. In concluding that plaintiff’s complaint adequately alleged actionable sexual harassment, the court explained:…

Read More Sexual Harassment Hostile Work Environment Claim Sufficiently Alleged, Holds Texas Court
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In Robinson v. Attractions Lodging, Inc., 6:20-cv-32-EJK, 2022 WL 2904869 (M.D.Fla. July 22, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race and national origin based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: As to Plaintiff’s claim that the…

Read More Race/National Origin-Based Hostile Work Environment Claims Survive Summary Judgment
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In Black v. Buffalo Meat Service, Inc., d/b/a Boulevard Black Angus, 21-1468, 2022 WL 2902693 (C.A.2 July 22, 2022), the court affirmed the lower court’s award of summary judgment dismissing plaintiff’s race-based hostile work environment and constructive discharge claims. From the decision: Next, even assuming Black has standing to pursue her constructive discharge claims, we…

Read More Single Racial Slur Insufficient to Establish Hostile Work Environment or Constructive Discharge, Second Circuit Holds
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