Hostile Work Environment

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In Dotel v. Walmart Stores, Inc., No. 15-76-CV, 2016 WL 158466, at *1 (2d Cir. Jan. 14, 2016) (Summary Order), the Second Circuit affirmed the district court’s dismissal of plaintiff’s complaint against Walmart Stores alleging sex discrimination, hostile work environment, retaliation and intentional infliction of emotional distress. As to her hostile work environment claim, the court…

Read More Second Circuit Invokes the “Equal Opportunity Jerk” Principle in Affirming Dismissal of Plaintiff’s Sex-Based Hostile Work Environment Claim
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In Haight v. NYU Langone Med. Ctr., Inc., No. 13 CIV. 4993 (LGS), 2016 WL 29628 (S.D.N.Y. Jan. 4, 2016), the Southern District of New York denied defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment (sexual harassment) and disability discrimination claims, but granted it with respect to her negligent supervision/retention claims. (2014…

Read More Pediatric Nurse’s Sexual Harassment and Disability Discrimination Claims Against NYU Langone Medical Center Survive Summary Judgment
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In Alexander-Callender v. NBTY et al, No. 14-CV-2462 (JS)(AYS), 2015 WL 9581819 (E.D.N.Y. Dec. 30, 2015), the Eastern District of New York dismissed, as insufficiently pled, plaintiff’s sexual harassment (hostile work environment), race discrimination, and retaliation claims. In her complaint, plaintiff alleged that a co-worker, for example, stared at plaintiff in a “sexually inappropriate manner”…

Read More Sexual Harassment Hostile Work Environment Claim Insufficiently Alleged
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In Geras v. Hempstead Union Free Sch. Dist., No. 13-CV-5094(ADS)(AYS), 2015 WL 9182980 (E.D.N.Y. Dec. 17, 2015), the court noted that “although the standard for establishing a hostile work environment is high, … [t]he environment need not be unendurable or intolerable.” From the decision: [T]here is testimonial evidence that the Plaintiff was “harassed [and] belittled on…

Read More “Reverse” Race Discrimination Hostile Work Environment Claim Survives Summary Judgment
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In Bright v. Coca-Cola Refreshments USA, Inc., No. 14-4465-CV, 2015 WL 9261278 (2d Cir. Dec. 18, 2015), the Second Circuit affirmed the lower court’s decision granting summary judgment judgment, of plaintiffs’ race-based hostile work environment claims. As to the merits, the Second Circuit incorporated the district court’s analysis and conclusion, adding that “[m]any of the comments and incidents…

Read More Second Circuit Affirms Summary Judgment Dismissing Hostile Work Environment Claims; Says District Court Properly Declined to Consider Post-Deposition Affidavits
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In Tekle v. Wegmans Food Markets, Inc., No. 15-CV-6386, 2015 WL 8485273 (W.D.N.Y. Dec. 9, 2015), the court granted defendant’s motion under FRCP 12(b)(6) to dismiss plaintiff’s race discrimination, hostile work environment, and retaliation claims. This case illustrates that even arguably “disturbing and arguably race-based” incidents are not necessarily enough to establish violations of the…

Read More Threat to “Hang” Plaintiff Insufficient to State Hostile Work Environment Claim
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In Hernandez v. PFIP, LLC, No. 14 CIV. 4069 (LGS), 2015 WL 7758875 (S.D.N.Y. Dec. 1, 2015), the Southern District of New York denied defendants Planet Fitness’ motion for summary judgment on plaintiff’s retaliation claim under the NYC Human Rights Law. Here is Judge Schofield’s analysis of that claim: Plaintiff alleges two theories of retaliation.…

Read More Court Denies Summary Judgment to Defendant Employer and Holds That Rejecting Sexual Harasser’s Advances Can Support a Retaliation Claim Under the NYC Human Rights Law
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In Lee v. Winthrop University Hosp., 2015 WL 7161955 (E.D.N.Y.,2015), the Eastern District of New York explained its decision to grant defendants’ motion for summary judgment and dismiss his employment discrimination complaint. As to his race discrimination claims: The Plaintiff attempts to create a genuine issue of material fact by asserting that the disciplinary warnings…

Read More Court Explains Reasons for Dismissing Race & National Origin Discrimination Claims Against Hospital
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In the case of E.E.O.C. v. Suffolk Laundry Servs., Inc., No. 12-cv-409 (E.D.N.Y.), the parties recently entered into a Consent Decree resolving the matter. (I previously wrote about this case.) The Consent Decree (here, with exhibits and below), which will remain in effect for three years from its date of entry, provides various forms of relief, including…

Read More $582k Settlement in Hostile Work Environment/Sexual Harassment Lawsuit Against Suffolk Laundry
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