Hostile Work Environment

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In Johnson v. Frida’s Bakery, Inc., et al, 19-CV-1613, 2020 WL 1904061 (N.D.N.Y. April 17, 2020), the court, inter alia, recommended the dismissal of plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. As to the merits of plaintiff’s Title VII claim, the court explained: [T]o state a…

Read More Title VII Hostile Work Environment Claim Dismissed; Protected Class Not Alleged
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In Jamiel v. Viveros, 19-cv-1389, 2020 WL 1847566 (S.D.N.Y. April 13, 2020), the court, inter alia, adopted a Magistrate Judge’s Report and Recommendation to deny defendant’s motion to dismiss plaintiff’s hostile work environment claims – relating to plaintiff’s race and perceived sexual orientation – under Federal Rule of Civil Procedure 12(b)(6). From the Order: With…

Read More Hostile Work Environment Claim Sufficiently Alleged; Report & Recommendation Adopted
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In Hamilton Specialty Insurance Company, Inc. v. Kinsale Insurance Co., 19-cv-5548, 2020 WL 1876358 (S.D.N.Y. April 15, 2020), the court held that a claim arising from an employment discrimination lawsuit was subject to an exclusion under an insurance policy (specifically, that policy’s “criminal act exclusion”). Here, the plaintiff (Hamilton) is an insurance company suing another…

Read More Sexual Assault Comes Under “Criminal Act Exclusion” in Insurance Policy, Court Holds
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In Jian Hua Li v. Chang Lung Group Inc., 2020 WL 1694356 (E.D.N.Y. April 7, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws. As to plaintiff’s state law claim, the court explained: Plaintiff’s hostile work environment claim under the NYSHRL fails.…

Read More Hostile Work Environment Claim, Based on Chinese-American Status, Dismissed
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In Sedhom v Suny Downstate Medical Center, No. 155837/2017, 2020 WL 1514710, 2020 N.Y. Slip Op. 30881(U) (N.Y. Sup Ct, New York County Mar. 27, 2020), the court, inter alia, dismissed plaintiff’s claim for hostile work environment under the New York State and City Human Rights Laws. As to the state law, the court held:…

Read More Hostile Work Environment Claim Dismissed Against SUNY Downstate Medical Center
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In Anderson v. New York City Health and Hospitals Corporation et al, 16-cv-1051, 2020 WL 1528101 (S.D.N.Y. March 31, 2020), the court, inter alia, upheld the dismissal on summary judgment of plaintiff’s hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. The…

Read More Hostile Work Environment Claim Dismissed Against NYC Health & Hospitals Corporation
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In Yarrington v. Candor Central School District et al, 18-cv-1250, 2020 WL 1493920 (N.D.N.Y. March 27, 2020), the court (inter alia) granted defendants’ motion for summary judgment on plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the law as follows: In order to state…

Read More Hostile Work Environment Claim Dismissed; Conduct Evidenced “Personality Conflicts”
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In a recent case, Martin v. New York State Department of Corrections and Community Supervision, 2020 WL 1514747 (2d Cir. March 30, 2020) (Summary Order), the court affirmed the dismissal of plaintiff’s hostile work environment claim asserted under Title VII of Civil Rights Act of 1964. This decision is instructive as to the standard applied…

Read More Hostile Work Environment Dismissal Affirmed; 2d Circuit Discusses & Applies Negligence Standard Under Title VII
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In Williams v. Anne Geiger and Department of Education, 2020 WL 1304397 (S.D.N.Y. March 19, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the Americans with Disabilities Act. In order to establish a hostile work environment claim, plaintiff was required to show two elements: (1) the workplace was permeated with…

Read More Disability-Based Hostile Work Environment Claim Dismissed
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In Kiraka v. M&T Bank, 2020 WL 1285632 (N.D.N.Y. March 18, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law regarding such claims, the court explained: [Plaintiff] fails to state a plausible claim under Title VII. ……

Read More Hostile Work Environment Claim Dismissed; Allegations, Including Mocking of Accent, Held Insufficient
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