Hostile Work Environment

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In Banks v. Cypres Chase Condominium Association B, Inc. and Andre Bujold, No. 22-60747-CIV-MORENO, 2022 WL 2870127 (S.D.Fla. July 21, 2022), the court, inter alia, held that plaintiff did not sufficiently allege a race-based hostile work environment claim under 42 U.S.C. § 1981, and accordingly dismissed it under Federal Rule of Civil Procedure 12(b)(6). From…

Read More “You People” Comment Insufficient to Allege Race-Based Hostile Work Environment Claim, Court Rules
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In Sarraj v. Northern Virginia Electric, 2022 WL 2820553 (E.D.Va. July 18, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claims based on race, age, and sex. Initially, the court held that plaintiff – who is over 40 and Iraqi-Kurish – did not sufficiently allege an race and age-based hostile work environment claim,…

Read More Sex-Based Hostile Work Environment Claim Dismissed; Single Comment Insufficient
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In a recent case, Gueye v. H & S Bakery, Inc. et al, Civil Action No. 22-2612, 2022 WL 2805636 (D.N.J. July 15, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age- and disability-based hostile work environment. From the decision: Here, Plaintiff, a plant superintendent, alleges that he was forced to take…

Read More Hostile Work Environment Claims Sufficiently Alleged; Despite Lack of “Egregious” Conduct, Plaintiff Alleged Supervisor’s “Growing Frustration”
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In Goosby v. Kendall, 2022 WL 2666731 (S.D.Ohio July 11, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: A hostile work environment claim requires proof that (1) plaintiff belongs to a protected class; (2) [plaintiff] was subject to unwelcome harassment; (3) the harassment was based on race; (4) the…

Read More Hostile Work Environment Claim Insufficiently Alleged; Comments Were Not “Pervasive”
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In  DeLaRosa v. New York City Department of Education et al, 21-CV-4051 (JPO), 2022 WL 2752589 (S.D.N.Y. July 14, 2022), the court, inter alia, dismissed plaintiff’s claim(s) of hostile work environment under the Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law, and the New York City Human Rights Law. (The court…

Read More Age-Based Hostile Work Environment Claims Dismissed Against NYC Dept. of Education
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In Everett v. New York City Department of Education et al, 2022 WL 2342693 (S.D.N.Y. June 29, 2022), 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 black-letter law as follows: Title VII prohibits requiring people to work in…

Read More Hostile Work Environment Claim Dismissed; Allegations of Cursing, Mocking Accent and Hair Held Insufficient
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In Del Villar v. Hyatt Hotel Corporation et al., 19-CV-10891 (JMF), 2022 WL 2316205 (S.D.N.Y. June 28, 2022), the court granted Hyatt’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed Against Hyatt Hotel Corporation
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In Seemungal v. New York State Dept. of Financial Services, No. 151495/2021, 2022 WL 2191380 (N.Y. Sup Ct, New York County June 17, 2022), the court dismissed plaintiff’s claims for sex discrimination, retaliation, and hostile work environment under the New York State Human Rights Law. As to plaintiff’s discrimination claim, the court explained: As an…

Read More Sex Discrimination Claims Dismissed Against NYS Department of Financial Services
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In Louis v. Window Rock Unified School District, No. CV-20-08193-PCT-DJH, 2022 WL 2132239 (D.Ariz. June 14, 2022), the court, inter alia, dismissed plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. Plaintiff’s claims arose from text messages exchanged between her and a non-party (the School…

Read More Text Message-Based Hostile Work Environment Sexual Harassment Claim Dismissed
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In Henry v. Ground, No. 153458/2021, 2022 WL 2158368 (N.Y. Sup Ct, New York County June 10, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim asserted under the New York State and City Human Rights Laws. Plaintiff bases her claim on two incidents (one in July 2018, the other in…

Read More Hostile Work Environment Sexual Harassment Claim, Based on Off-Premises Conduct by Co-Workers, Dismissed
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