Hostile Work Environment

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In Herbowy-Hubalek v. Lithia of Yorkville-3, LLC et al, 6:21-CV-43 (FJS/MJK), 2024 WL 1329035 (N.D.N.Y. March 28, 2024), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964.  The court summarized the evidence supporting plaintiff’s…

Read More Sexual Harassment Claim Survives Summary Judgment; Evidence Included Touching, Looking Down Shirt, Grabbing Own Penis
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In Goldberg v. Bespoke Real Estate LLC, et al, 23-CV-5614 (JPO), 2024 WL 1256006 (S.D.N.Y. March 25, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1981. From the decision: The Goldberg Plaintiffs next bring a claim of hostile work environment under 42…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal, Notwithstanding Plaintiff’s Alleged Use of Offensive Language
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In King v. Aramark Services Inc., No. 22-1237, 2024 WL 1188985 (2d Cir. March 20, 2024), the court, inter alia, vacated the summary judgment dismissal of plaintiff’s claim of sex-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. This decision discusses and applies the “continuing violation doctrine”, which operates…

Read More 2d Circuit Vacates Dismissal of Sex-Based Title VII Sex-Based Hostile Work Environment Claim on Timeliness Grounds
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In Ellis v. City of New York, No. 159090/2022, 2024 WL 1195688 (N.Y. Sup Ct, New York County Mar. 20, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: In this instance, Plaintiff further asserts…

Read More Hostile Work Environment Claims, Including Allegations of “Slave-Esque Working Conditions”, Dismissed
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In Harlow v. Molina Healthcare, Inc., 5:20-CV-1382, 2024 WL 1126736 (N.D.N.Y. March 15, 2024), the court, inter alia, denied defendant’s motion for summary judgment on her hostile work environment sexual harassment claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. After summarizing the black-letter law, the…

Read More Hostile Work Environment (Same-Sex) Sexual Harassment Claims Survive Summary Judgment; Evidence Included Unwanted Touching and Suggestive Language
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In Renondeau v. Wildlife Conservation Society, New York Aquarium et al, 19-CV-2415 (VSB), 2024 WL 1156643 (S.D.N.Y. March 18, 2024), the court, inter alia, granted defendants’ motion for summary judgment dismissing plaintiff’s hostile work environment claim. From the decision: Plaintiff’s hostile work environment claim is based on many of the same allegations that underlie his…

Read More Hostile Work Environment Claim Dismissed; “Haitian Motherfucker” & “Haitian Sensation” Comments Insufficient
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In Nofal v. IMCMV Times Square LLC et al, 22 Civ. 3104 (DEH), 2024 WL 1138928 (S.D.N.Y. March 15, 2024), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s religion-based hostile work environment claim. Plaintiff, who is Muslim, predicated his religious-discrimination claim on a single comment, namely, telling plaintiff that if he…

Read More Religion-Based Hostile Work Environment Claim Dismissed; Single Comment Insufficient
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In Shkoza v. NYC Health & Hospitals Corporation, No. 20-CV-3646 (RA), 2024 WL 1116145 (S.D.N.Y. March 13, 2024), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim asserted under the New York City Human Rights Law. From the decision: [Plaintiff] Shkoza also brings an underlying claim…

Read More Sexual Harassment Claim Dismissed; Shoulder Touching Insufficient, Court Holds
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In Floyd v. Jewish Bd. of Family and Children’s Services, No. 155925/2019, 2024 WL 1096320 (N.Y. Sup Ct, New York County Mar. 13, 2024), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of hostile work environment based on plaintiff’s sexual orientation, in violation of the New York City Human Rights…

Read More Sexual Orientation-Based Hostile Work Environment Claim Dismissed
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In Kim v. Evergreen Adult Day Care in NY Inc., 22-CV-548 (AMD) (CLP), 2024 WL 989909 (E.D.N.Y. March 6, 2024), the court granted defendants’ motion to compel arbitration of plaintiffs’ employment discrimination and hostile work environment claims. This decision illustrates the uphill battle faced by a plaintiff-employee seeking to avoid an arbitration agreement on the…

Read More Court Grants Motion to Compel Arbitration of Discrimination Claims, Notwithstanding Alleged Language Barrier
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