Hostile Work Environment

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In Petit v. The Department of Education of the City of New York, No. 155523/16, 9984, 2019 WL 5791619 (N.Y.A.D. 1 Dept., Nov. 07, 2019), the court held that plaintiff stated claims of employment discrimination, hostile work environment, and retaliation under the New York State and City Human Rights Laws. Specifically, the court reversed a…

Read More Hostile Work Environment Claim Stated; Allegations Include “Voodoo Priest” Accusation
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In James v. Van Blarcum, 2019 WL 5681334 (2d Cir. Nov. 1, 2019) (Summary Order), the court vacated the lower court’s dismissal of plaintiffs’ race-based hostile work environment claims. Initially, the court held that the “continuing violations doctrine” applied, permitting consideration of otherwise-time barred conduct: Appellants allege that the Ulster County jail has a policy…

Read More Race-Based Hostile Work Environment Claims Survive Summary Judgment
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In Ireland v. Rochester Institute of Technology et al, 19-cv-6392, 2019 WL 5538371 (WDNY Oct. 25, 2019), the court, inter alia, dismissed plaintiff’s claim of sexual harassment under the New York State Human Rights Law (NYSHRL).[1]The court dismissed as time barred plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of…

Read More Sexual Harassment Claim Dismissed; “Crude” Comments Held Insufficient Under State Law
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In Phoenix v New York State Dept. of Health, No. 151915/2015, 2019 WL 5150271 (N.Y. Sup Ct, New York County Oct. 09, 2019), the court dismissed plaintiff’s constructive discharge and race discrimination claims. As to plaintiff’s constructive discharge claim, the court explained (citations omitted): To state a claim for constructive discharge, plaintiff must allege facts…

Read More Constructive Discharge & Discrimination Claims Dismissed Against NYS Dept. of Health
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In Alexander v. Equinox Holdings LLC, No. 160323/2018, 2019 WL 4643772, 2019 N.Y. Slip Op. 32830(U) (N.Y. Sup Ct, New York County Sep. 18, 2019), the court dismissed plaintiff’s discrimination/harassment claim asserted under the NYC Human Rights Law, NYC. Admin. Code § 8-101 et seq. (NYCHRL). Here, the events giving rise to plaintiff’s sex-based hostile…

Read More Off-Duty Employee’s NYCHRL “Customer Harassment” Claim Dismissed
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In a recent case, Watson v. The Richmond University Medical Center et al, 14-cv-1033, 2019 WL 5087062 (E.D.N.Y. Oct. 10, 2019), the court, inter alia, denied defendants’ motion for summary judgment dismissing plaintiff’s Title VII race discrimination claim. From the decision (some citations omitted): [C]onstruing the facts in the light most favorable to Plaintiff, a…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Court Cites “Humiliating” Duties
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In Mercedes v. New York City Department of Education, 2019 WL 4926968 (2d Cir. 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s gender discrimination, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964. With respect to the gender discrimination claim, after summarizing the relevant law, applied…

Read More Gender Discrimination Dismissal Affirmed; Court Cites Lack of Discriminatory Comments and Equivalent Treatment to Males
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In Olaechea v. City of New York et al, 17-CV-4797, 2019 WL 4805846 (S.D.N.Y. Sept. 30, 2019), the court, inter alia, dismissed plaintiff’s gender-based hostile work environment claim under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. As to…

Read More Hostile Work Environment Claim Dismissed; Romantic Rumors Insufficient
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In Schaper v. The Bronx Lebanon Hospital Center and Carol Wilson, 17-cv-01246, 2019 WL 4748303 (S.D.N.Y. Sept. 30, 2019), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claims 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 Claim Survives Summary Judgment Against Bronx Lebanon Hospital Center
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