Hostile Work Environment

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In Crookendale v. New York City Health and Hospitals Corp., No. 154788/2015, 2018 NY Slip Op 31309(U), 2018 WL 3145921 (Sup Ct, N.Y Cty. June 21, 2018) (J. Tisch), the court held that plaintiff’s hostile work environment/sexual harassment claim – asserted under the NYC Human Rights Law – survived summary judgment. From the decision: Here,…

Read More Hostile Work Environment Sexual Harassment Claim Against NYC Health & Hospitals Corp. Survives Summary Judgment
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in Tillery v. New York State Office of Alcoholism and Substance Abuse Services, 2018 WL 3098881 (2d Cir. June 25, 2018) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s disparate treatment, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964. As to her disparate treatment claim, plaintiff…

Read More Race Discrimination, Hostile Work Environment, Retaliation Claims Properly Dismissed Against NYS Office of Alcoholism & Substance Abuse Services
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In a recent decision, Russell v. New York University, 2018 WL 3115795 (C.A.2 June 25, 2018) (Summary Order), the court affirmed the dismissal of plaintiff’s hostile work environment claim. This case is instructive as to when an alleged harasser’s conduct may be “imputed” to an entity defendant/employer. The law: To prevail on a hostile work…

Read More Alleged Hostile Work Environment Not Imputable to NYU
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Sexual harassment cases are fact- and context-specific. There is no “bright line rule” as to when a comment or a touch “cross the line” from non-actionable to actionable. Such claims can be based on comments, physical touching, or some combination of the two. A recent decision, Batten v. Global Contact Services, LLC, 15-cv-2382, 2018 WL…

Read More Sexual Harassment / Hostile Work Environment Based on “Hug” Was Actionable, Court Holds
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In Collymore v. City of New York et al, 16-cv-8270, 2018 WL 3014093 (S.D.N.Y. June 14, 2018), the court, inter alia, dismissed plaintiff’s sexual harassment claim. “Title VII recognizes two forms of sexual harassment: direct discrimination (or ‘quid pro quo’) and ‘hostile workplace environment.’ … In addition to pleading abusive or offensive conduct, it is…

Read More Sexual Harassment Claim Dismissed; Touching Was Not “Because Of” Sex
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From Matter of Stellar Dental Mgt. LLC v. New York State Div. of Human Rights, 2018 NY Slip Op 04483 (App. Div. 4th Dept. June 15, 2018): We conclude that there is substantial evidence to support the determination that petitioner discriminated against each complainant by subjecting her to a sexually hostile work environment (see Matter of Father…

Read More Court Upholds State Division Findling of Hostile Work Environment Sexual Harassment
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In Kimball v. Village of Painted Post, 2018 WL 2944337 (2d Cir. June 11, 2018) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim. In discussing plaintiff’s allegation of a hostile work environment based on pornography in the office, the court explained: [Plaintiff] has failed to establish that any…

Read More Hostile Work Environment Claim Properly Dismissed; Allegations re Pornography Insufficient
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In Kobos v. Target Corporation et al, 15–cv-5573, 2018 WL 2943575 (E.D.N.Y. June 12, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment claim. The court explained the legal standard: To establish a claim for a hostile work environment, a plaintiff must show “that the complained of conduct: (1) is objectively severe or pervasive—that…

Read More Hostile Work Environment Claim Dismissed; “Unprofessional” and “Upsetting” Conduct Insufficient
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In Mondesir v. North Shore-Lij Health System, 2018 WL 2722866 (N.Y. Sup. Ct. No. 150572/2017 June 6, 2018), the court dismissed plaintiff’s race-based hostile work environment employment discrimination claim.[1]Plaintiff filed a Notice of Appeal on June 8, 2018. Specifically, the court rejected plaintiff’s contention that a racially hostile work environment was created by her supervisor’s reference…

Read More Court Dismisses Hostile Work Environment Claim Based on Use of the Word “Girl” Towards Black Woman
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In Watkins v. New York City Health and Hospitals Corp., 2018 NY Slip Op 31054, 2018 WL 2445548 (N.Y. Sup. Ct. Index No. 152836/2013, May 11, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment claims under the New York State and City Human Rights Laws. Here I will focus on the court’s assessment of…

Read More Hostile Work Environment Claims Dismissed; Negative Comments Insufficient
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