Hostile Work Environment

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In Olivier v. County of Rockland et al, 15-CV-8337, 2018 WL 401187 (SDNY Jan. 11, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment claim, on the ground that it was based on time-barred conduct. The court began by observing: “Plaintiff’s Amended Complaint appears to rehash— at times in a verbatim fashion—the same time-barred disparate…

Read More Court Dismisses Race-Based Hostile Work Environment Claim, As It Was Based on Time-Barred Conduct
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In Hernandez v. Encuentro Restaurant, 2018 WL 343905 (N.Y.Sup. Ct. Index 153385/2017, Jan. 9, 2018) – a sexual harassment, hostile work environment, and employment discrimination case – the court denied defendants’ motion to dismiss on the grounds of failure to state a claim, “forum non conveniens”, and improper venue. Failure to State a Claim Initially,…

Read More Sexual Harassment Case Survives Dismissal on Venue, Forum Non Conveniens Grounds
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In Singa v. Corizon Health, Inc., 2018 WL 324884 (E.D.N.Y. Jan. 8, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment and discrimination (based on national origin) and retaliation claims under Title VII of the Civil Rights Law of 1964 and the New York State Human Rights Law. Among other claims, plaintiff asserted, inter…

Read More Hostile Work Environment Claims Dismissed; Rudeness Insufficient
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In Shellogg v. DST Russian and Turkish Bath, Inc. et al, 2017 WL 6602277, 2017 NY Slip Op 51914(U) (App. Term, 1st Dept. Dec. 22, 2017) (unpublished), the court reversed summary judgment for defendants on plaintiff’s claims of gender discrimination, hostile work environment, and retaliation under the New York State and City Human Rights Laws. Here are…

Read More Punishment for Refusal to Engage in Sex With Clients Sufficient to Overcome Summary Judgment on Gender Discrimination/Hostile Work Environment Claims Against Russian & Turkish Baths
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In Khater v. API Industries d/b/a Aluf Plastics, Inc., 2017 WL 6515531 (S.D.N.Y. Dec. 19, 2017), the court dismissed plaintiff’s hostile work environment claim because plaintiff failed to “exhaust administrative remedies” at the U.S. Equal Employment Opportunity Commission with respect to that claim. This decision illustrates the pitfalls present when pursuing federal employment discrimination claims,…

Read More Hostile Work Environment Claim Dismissed as Not Administratively Exhausted at the EEOC
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In MacCluskey v. University of Connecticut Health Center, 2017 WL 6463200 (2d Cir. Dec. 19, 2017) (Summary Order), the Second Circuit affirmed the lower court’s judgment following a jury verdict in favor of plaintiff on her sexual harassment (hostile work environment) claim under Title VII of the Civil Rights Act of 1964. The court framed…

Read More Sexual Harassment Jury Verdict Upheld; Co-Worker’s Sexual Harassment Imputable to Employer
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In Lamarr-Arruz & Ansoralli v. CVS Pharmacy, Inc., 15-cv-04261, 2017 WL 4280690 (S.D.N.Y. Sept. 26, 2017), the court rejected the defendant’s reliance on the so-called “Faragher/Ellerth affirmative defense” to plaintiff’s hostile work environment claim under 42 U.S.C. § 1981.[1]I wrote about the court’s evaluation of the first element of plaintiff’s hostile work environment claim under section 1981…

Read More Faragher/Ellerth Defense Inapplicable to Plaintiff’s Hostile Work Environment Claim Under 42 U.S.C. § 1981
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In Petit v. Department of Educ. of the City of N.Y., 2017 NY Slip Op 32541(U), 155523/2016 (Sup. Ct. NY Cty. Dec. 1, 2017), the court dismissed plaintiff’s claims for discrimination, hostile work environment, and retaliation in violation of the New York State and City Human Rights Laws. Here I will discuss the court’s evaluation of plaintiff’s discrimination…

Read More Transfer to “Absent Teacher Reserve” Was Not an “Adverse Employment Action”; Discrimination Claim Dismissed
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In Antrobus v. New York City Department of Sanitation, 16-3490-cv, 2017 WL 5952699 (2d Cir. Dec. 1, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s discrimination, hostile work environment, and retaliation claims. As to plaintiff’s hostile work environment claim, the court explained: With regard to hostile work environment, Antrobus asserted that egregious…

Read More Discrimination, Hostile Work Environment, Retaliation Claims Properly Dismissed as Time-Barred and Other Reasons
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