Hostile Work Environment

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In Fleurentin v. New York City Health & Hospitals Corp. et al,  18-cv-05004, 2020 WL 42841 (E.D.N.Y. Jan. 3, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. In this case, in sum, plaintiff – a Haitian man – alleged that “over the course of a decade the defendants repeatedly discriminated against him…

Read More Hostile Work Environment Claim Dismissed; Santa Claus Role Denial (etc.) Insufficient
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While relatively short, the First Department’s recent decision in Donovan v. NYC Housing Authority, 2019 N.Y. Slip Op. 09394, 2019 WL 7173616 (N.Y.A.D. 1 Dept., Dec. 26, 2019), is instructive on the scope of medical discovery that courts will allow/disallow in an employment discrimination case. The court below had issued an Order denying defendant’s motion,…

Read More Court Orders Medical Discovery in Employment Discrimination/Retaliation Case
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In Schaper v. Bronx Lebanon Hospital Center, 2019 WL 7102144 (S.D.N.Y. Dec. 20, 2019), the court granted plaintiff’s motion for leave to file an amended complaint asserting, in addition to claims of hostile work environment and retaliation, a claim of disparate treatment. On September 30, 2019, the court denied defendants’ motion for summary judgment, noting…

Read More Plaintiff Granted Leave to Amend Complaint to Add Claim of Disparate Treatment
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In Garcia v. NYC Health & Hospitals Corporation, 19 Civ. 997, 2019 WL 6878729 (S.D.N.Y. Dec. 17, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: [Plaintiff’s complaint] describes an incident where Garcia was publicly questioned about his disability…

Read More Hostile Work Environment Claim Dismissed; Alleged Acts, While “Inappropriate”, Were Too Isolated to Be Actionable
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In Daeisadeghi v. Equinox Great Neck, Inc., 2019 WL 6843142 (2d Cir. Dec. 16, 2019) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s national origin-based hostile work environment claim. From the decision: The district court granted summary judgment in favor of Equinox after concluding that the harassment…

Read More Jokes About Accent Etc. Insufficient to Make Out Hostile Work Environment Claim, Court Holds
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In Barr v. Bass Pro Outdoor World, LLC, 17-cv-00378, 2019 WL 6828987 (N.D.N.Y. Dec. 13, 2019), the court granted summary judgment for defendant on plaintiff’s race-based hostile work environment claim. This case involves, inter alia, the application of the so-called “continuing violation doctrine”, and in particular the scenario where a portion of the alleged hostile…

Read More Hostile Work Environment Claim Held Time-Barred; Time Not Working for Defendant Couldn’t Be Considered
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In Hilsby v. Schultz, No. 21211/2012, 2019 WL 6248396, 2019 N.Y. Slip Op. 33395(U) (N.Y. Sup Ct, Suffolk County Nov. 15, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim under the New York State Human Rights Law. The court summarized the law: “A hostile work environment exists where the workplace is ‘permeated…

Read More Hostile Work Environment Claim Dismissed; Secretary Reassignment and Alleged Anxiety/Fear Insufficient
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In Buczakowski v. Crouse Health Hospital, Inc. et al, 18-cv-330, 2019 WL 6330206 (N.D.N.Y. Nov. 26, 2019), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment based on age and disability (cancer). After reciting the hostile work environment standard, the court held that plaintiff “established [defendant] and several of its employees…

Read More Age & Disability-Related Hostile Work Environment Claims Sufficiently Alleged Against Crouse Health Hospital
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In Crawford v. ExlService.com, LLC et al, 16-cv-9137, 2019 WL 6284228 (S.D.N.Y. Nov. 25, 2019), the court held that the former in-house counsel for defendant “is not categorically precluded from testifying on grounds of attorney-client privilege”, reasoning that “not all conversations between an attorney and a client are privileged.” The court noted that “[a]t trial,…

Read More Former In-House Counsel May Testify in Hostile Work Environment Case
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In Crawford v. ExlService.com, LLC, 2019 WL 5887214 (SDNY Nov. 12, 2019), the court, inter alia, denied defendants’ 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 York City Human Rights Law. The court…

Read More Hostile Work Environment Claim Survives Summary Judgment Against ExlService
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