Hostile Work Environment

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In Sims v. Columbia University, NY Sup. Ct. NY Cty. 156566/2013 (Nov. 2, 2017) (J. James), the court granted defendant’s motion for summary judgment on plaintiff’s claims of age, race, and disability discrimination under the New York State and New York City Human Rights Laws. Among its reasons for dismissal were that plaintiff did not…

Read More Alleged Racial Slurs (Including Reference to Bubbles, Michael Jackson’s Chimpanzee) Held Not Actionable
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From JAMES R. FREZZELL, Plaintiff, v. NEW YORK STATE DEPARTMENT OF LABOR, et al., Defendants. Additional Party Names: Heather Romano, John Triller, Justin Heinbuch, Margaret Sheehan-Nolan, Marty Selleck, Robert Young, Sara Harms, Symone Wango, 2017 WL 5054722, at *7 (N.D.N.Y., 2017): Plaintiff’s claim that Harms created a hostile work environment by “giving [him] the evil eye,…

Read More “Evil Eye”, Work Scrutiny Insufficient to Make Out Hostile Work Environment Claim
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In Pfizenmayer v. Hicksville Public Schools et al, 2017 WL 4994482, 17-0568-cv (2d Cir. Nov. 2, 2017) (Summary Order), the Second Circuit affirmed the dismissal – for failure to state a claim under Fed. R. Civ. P. 12(b)(6) – of plaintiff’s employment discrimination, hostile work environment, and retaliation claims under the Age Discrimination in Employment…

Read More Age Discrimination Claims Properly Dismissed, Notwithstanding “Troubling” Conduct
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In Santana et al v. G.E.M. Medical Management (NY Sup. Ct. Bx. Cty 0305261/2008 Oct. 20, 2017), the court (inter alia) denied defendant’s motion, under CPLR 4404(a), to set aside a jury verdict in favor of plaintiffs on their claims of gender/pregnancy discrimination. The court noted that “[t]he jury’s determination is supported by evidence presented…

Read More Court Upholds Plaintiff Jury Verdict in Gender/Pregnancy Discrimination Case
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In Mira v. Kingston et al, 2017 WL 4877290 (2d Cir. 16-4080-cv Oct. 30. 2017) (Summary Order), the Second Circuit held that while the district court should have addressed plaintiff’s requests to amend her complaint, the allegations in that complaint would have been dismissed in any event. Specifically, plaintiff wanted to present claims under 42 U.S.C.…

Read More Hostile Work Environment / Constructive Discharge Claim, Based on “Drug” Remark, Properly Dismissed
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From Linda Murphy, appellant, v. Department of Education of the City of New York, et al., respondents., 2017 NY Slip Op 07609, 2017 WL 4930955 (N.Y.A.D. 2 Dept. Nov. 1, 2017): Here, the general allegation in the amended complaint that the plaintiff and two other “older” teachers had been “continuously harassed” by the principal and the…

Read More Age Discrimination Claims Dismissed; Incidents Were “Isolated” and “Episodic”
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From McGuirk v. Swiss Re Financial Services Corp., 2017 WL 4857450 (2d Cir. Oct. 26, 2017) (Summary Order): We agree with McGuirk that she properly pled a hostile work environment claim, but affirm the district court’s dismissal because she failed to properly exhaust that claim before the New York State Division of Human Rights. See Leon…

Read More Hostile Work Environment Claim Properly Dismissed; While Properly Pled, Not Administratively Exhausted
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In Patrizia Pelgrift, et al., Plaintiffs, v. 335 W. 41st Tavern Inc., et al., Defendants. Additional Party Names: David Sheeran, Iryna Lutsenko, Valeriya Kolisnyk, 2017 WL 4712482, at *10 (S.D.N.Y., 2017), the court held, inter alia, that a default judgment on plaintiff’s sexual harassment claims was warranted. The court summarized the law as follows: Under…

Read More Sexual Harassment Default Judgment Warranted Under “Quid Pro Quo” and “Hostile Work Environment” Theories/Paradigms
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In Featherstone v. Cornell University, 17-cv-565, 2017 WL 4736738 (NDNY Oct. 19, 2017), the court dismissed plaintiff’s Title VII discrimination, hostile work environment, and retaliation claims. Plaintiff had initially asserted her claims at the New York State Division of Human Rights, which – after an investigation – found that there was no probable cause to…

Read More Title VII Discrimination, Hostile Work Environment, Retaliation Claims Dismissed on Collateral Estoppel Grounds Following NYSDHR Dismissal
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In Lawson v. Homenuk, 2017 WL 4534779 (2d Cir. Oct. 11, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s disability-based hostile work environment claim under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the Order: Although Lawson argues that her coworkers “constantly”…

Read More Hostile Work Environment & Constructive Discharge Claims Properly Dismissed in Light of Contradiction Between Deposition and Summary Judgment Affidavit
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