Hostile Work Environment

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In Fletcher v. ABM Building Value, 2019 WL 2288327 (2d May 29, 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s discrimination, hostile work environment, and retaliation claims. Plaintiff alleged, inter alia, that her direct supervisor and two other supervisors “made comments motivated by her race, gender, and sex, including calling her a ‘bitch’…

Read More Hostile Work Environment Claim Dismissal Affirmed; Alleged Insults Insufficiently “Severe or Pervasive”
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In Williams v. County of Nassau et al, 15-cv-7098, 2019 WL 2270518 (E.D.N.Y. May 28, 2019), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claim. Included among the evidence presented by plaintiff were “etchings” of the letters “KKK” and a half-finished swastika; “jokes” about the KKK standing…

Read More Hostile Work Environment Claim Dismissed; Presence of KKK, Swastika Etchings Insufficient
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In McIntyre v. Corning Incorporated, 15-cv-6277, 2019 WL 2140625 (W.D.N.Y., 2019), the court, inter alia, dismissed plaintiff’s Title VII hostile work environment claim, finding that plaintiff did not show that he was subjected to a hostile work environment within 300 days of his EEOC complaint. In this case, plaintiff alleged (inter alia) that he was…

Read More Untimely, Non-Gender Based Conduct Did Not Amount to a Hostile Work Environment Claim, Court Holds
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In Montanez v. McDean LLC, 2019 WL 2153298 (2d Cir. May 16, 2019) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim. The law, as summarized by the court: To establish a hostile work environment claim, a plaintiff must show, inter alia, that “the workplace was permeated with…

Read More Hostile Work Claim Dismissal Affirmed; Additional Work, Reprimands, Etc. Insufficient__
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In Kurlender v. Ironside Group, Inc., 2019 WL 1317405 (E.D.N.Y., 2019), the court fully adopted a Magistrate Judge’s Report & Recommendation, inter alia, denying defendant’s motion to dismiss plaintiff’s Amended Complaint’s allegation that he was subjected to hostile work environment sexual harassment. The court summarized plaintiff’s allegations as follows: Plaintiff alleges in the Amended Complaint…

Read More Allegation of “Unwanted Touching” Sufficient to Plead Hostile Work Environment Sexual Harassment
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In Colas v. City of University of New York, 17-cv-4825, 2019 WL 2028701 (E.D.N.Y. May 7, 2019), the court, inter alia, dismissed plaintiff’s pregnancy-based hostile work environment and constructive discharge claims. As to plaintiff’s hostile work environment claim, the court explained: Here, Defendants contend that Plaintiff’s allegations “amount to dissatisfaction with her supervisors, … personality…

Read More Pregnancy-Based Hostile Work Environment, Constructive Discharge Claims Dismissed Against CUNY
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A recent decision, Dotson v. City of Syracuse et al, 18-cv-750, 2019 WL 2009076 (N.D.N.Y. May 7, 2019), underscores that so-called “hostile work environment” claims require more than simply “derogatory”, “boorish”, or “offensive” language. The court summarized the well-established law applicable to plaintiff’s hostile work environment claim: In determining whether conduct constitutes a hostile work…

Read More Derogatory, Boorish Language Did Not Give Rise to Hostile Work Environment
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In McCullough v. John T. Mather Hospital of Port Jefferson, New York, Inc., 16-cv-4968, 2019 WL 1755436 (EDNY April 19, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim. It summarized the law as follows: Title VII and NYSHRL prohibits an employer from discriminating against an employee on the basis of race, color,…

Read More Hostile Work Environment Claims Dismissed; “Inappropriate” Comments Were Insufficiently Severe, and Not Tied to Protected Status
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In Anderson v. NYC Health and Hospitals (Coney Island Hospital), 2019 WL 1765221 (E.D.N.Y. April 22, 2019), the court, inter alia, held that plaintiff failed to state a claim for hostile work environment under Title VII of the Civil Rights Act of 1964. It summarized the (well-established) law as follows: In order to prevail on…

Read More Hostile Work Environment Claim Dismissed; Amended Complaint Failed to Allege Specifics
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In Torres v. City of New York, 2019 WL 1765223 (S.D.N.Y. April 22, 2019), the court, inter alia, dismissed plaintiff’s employment discrimination and hostile work environment claims. From the decision: The Complaint describes two incidents in which Chu made disparaging remarks in Plaintiff’s presence over the course of two years. The first incident occurred in…

Read More Court Dismisses NYPD Officer’s Discrimination, Hostile Work Environment Claims
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