Hostile Work Environment

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In Williams v. County of Nassau, 2020 WL 2703675 (2d Cir. May 26, 2020)) (Summary Order), the Second Circuit, inter alia, affirmed the lower court ‘s summary judgment dismissal of plaintiff’s hostile work environment claim. From the decision: [T]he existence of the carvings at issue, though highly offensive, were not under the specific circumstances here…

Read More Hostile Work Environment Dismissal Affirmed; Alleged Racist Etchings Insufficient
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In Bateman v. Montefiore Med. Ctr., 2020 NY Slip Op 02969 (App. Div. 1st Dept. May 21, 2020), the court unanimously modified a lower court Order so as to deny defendants’ motion for summary judgment dismissing plaintiff’s claims for employment discrimination, hostile work environment, and retaliation under the New York State and City Human Rights Laws.…

Read More Race Discrimination, Hostile Work Environment, Retaliation Claims Resurrected From Summary Judgment Dismissal Against Montefiore Medical Center
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In Campbell v. Bottling Group, LLC, 2020 WL 2563100 (2d Cir. May 21, 2020) (Summary Order), the Second Circuit, inter alia, affirmed the district court’s dismissal (summary judgment) on plaintiff’s race-based hostile work environment claim. The court summarized the well-established black-letter law relating to hostile work environment claims: To establish a claim for hostile work…

Read More Race-Based Hostile Work Environment Claim Properly Dismissed; “Stink” Comment Insufficient
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In Matthew v. JPMorgan Chase Bank, N.A., 2020 WL 2523064 (EDNY May 18, 2020) (J. Mauskopf), the court, inter alia, dismissed plaintiff’s national origin-based hostile work environment claim. From the decision: [Plaintiff] Matthew has not alleged any facts supporting an inference that she was terminated because of her race or gender. Indeed, the only allegation…

Read More Accent-Based National Origin Hostile Work Environment Claim Dismissed Against JPMorgan Chase
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In Taylor v. Dollar Tree Stores, 2020 WL 2478663 (EDNY May 13, 2020), the court, inter alia, dismissed plaintiff’s race- and national origin-based hostile work environment claims. From the decision: Taylor’s allegations about his co-workers, including that they verbally abused him cannot be the basis of a hostile work environment claim, because there is an…

Read More Race/National Origin-Based Hostile Work Environment Claims Dismissed Against Dollar Tree Stores
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In Golston-Green v. City of New York, et al., No. 2016-02462, 28117/09, 2020 N.Y. Slip Op. 02768, 2020 WL 2462411 (N.Y.A.D. 2 Dept., May 13, 2020), the court, inter alia, held that summary judgment should not have been granted to defendants on plaintiff’s claim of gender-based hostile work environment under the NYC Human Rights Law.…

Read More Gender-Based Hostile Work Environment Survives Summary Judgment Under the NYCHRL Against NYC
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In Soto v. CDL (New York) L.L.C., 2020 WL 2133370 (S.D.N.Y. May 5, 2020) (J. Failla), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. In a prior blog post, I addressed the court’s conclusion that plaintiff raised a triable issue issue of fact as to…

Read More Sexual Harassment (Hostile Work Environment) Claim Survives Summary Judgment; Court Differentiates Between Verbal and Physical Harassment: Part II
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In Soto v. CDL (New York) L.L.C., 2020 WL 2133370 (S.D.N.Y. May 5, 2020) (J. Failla), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. Here, plaintiff’s claim included physical and non-physical harassment. In evaluating defendant’s motion, the court noted that the Second Circuit has drawn…

Read More Sexual Harassment (Hostile Work Environment) Claim Survives Summary Judgment; Court Differentiates Between Verbal and Physical Harassment: Part I
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In Rasmy v. Marriott International, Inc., 952 F.3d 379 (2d Cir. March 6, 2020), the court vacated the district court’s grant of summary judgment to defendant on plaintiff’s hostile work environment and retaliation claims. Here I will discuss the court’s evaluation of plaintiff’s hostile work environment claim. In particular, the court faulted the lower court…

Read More 2d Circuit Vacates Summary Judgment Dismissal of Hostile Work Environment Claim; District Court Applied Improperly “Rigid” Test
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In Ramos v. Metro-North Commuter Railroad, No. 153742/18, 2020 WL 2041968, 2020 N.Y. Slip Op. 31061(U) (N.Y. Sup Ct, New York County Apr. 03, 2020), the court denied defendants’ motion for summary judgment on plaintiff’s disability-based hostile work environment claim asserted under the New York City Human Rights Law. The court reached this conclusion, however,…

Read More Disability-Based Hostile Work Environment Claim Survives Summary Judgment Under the New York City (But Not New York State) Human Rights Law
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