Hostile Work Environment

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In Erasmus v. Deutsche Bank Americas Holding Corp. et al, No. 15 CIV. 1398 (PAE), 2015 WL 7736554 (S.D.N.Y. Nov. 30, 2015), the Southern District of New York (Judge Engelmayer) dismissed plaintiff’s hostile work environment and discrimination claims, but permitted plaintiff’s retaliation claims (albeit in limited form) to continue. Plaintiff, a heterosexual male, alleged in…

Read More Retaliation Claims, But Not Discrimination & Hostile Work Environment Claims, Remain Against Deutsche Bank
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In Lent v. CCNH d/b/a Cortland Care Center, decided November 16, 2015, the Northern District of New York awarded plaintiff damages following defendant’s default. As set forth in the court’s June 1, 2015 decision granting plaintiff’s motion for a default judgment (which I wrote about here), In this sexual harassment case, plaintiff alleged (among other…

Read More Court Explains $1.25M Emotional Distress Damage Award in Sexual Harassment/Hostile Work Environment Case
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The Northern District of New York’s recent decision of Saile v. New York Dep’t of Motor Vehicles, No. 5:13-CV-1394 ATB, 2015 WL 6962688 (N.D.N.Y. Nov. 9, 2015) reminds us that a plaintiff alleging a sex-based hostile work environment must do more than merely allege that they were made “uncomfortable” by sexual comments – here, alleged…

Read More Alleged Lewd Comments About DMV Customers, Bowling Buttocks Text, Etc. Insufficient to Establish Hostile Work Environment
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In a recent Manhattan federal lawsuit, captioned Jose Alcantara v. Bed Bath & Beyond Inc. and Kellie Marsalli, SDNY 15-cv-08770 (filed 11/6/15), plaintiff (a Muslim cancer survivor) alleges that he was subjected to a hostile work environment, retaliated against, denied a raise and promotion, and terminated based upon his religion. Plaintiff alleges, among other things, that defendant(s)…

Read More Muslim’s Religious Discrimination Lawsuit Against Bed Bath & Beyond
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In Minckler v. UPS, 2015 WL 6510537 (N.Y. App. Div. 3d Dept. Oct. 29, 2015), an upstate appellate court affirmed the dismissal of plaintiff’s sexual harassment/hostile work environment and retaliation claims against her former employer UPS, but held that her claim for assault and battery could continue against a co-worker. The Facts Plaintiff, a UPS administrative…

Read More “Uncivil and Crude” Comments Did Not Amount to Sexual Harassment/Hostile Work Environment at UPS
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The court’s decision in Varughese v. Mount Sinai Med. Ctr., No. 12 CIV. 8812 CM JCF, 2015 WL 1499618 (S.D.N.Y. Mar. 27, 2015) provides an example of what circumstances will not give rise to an actionable hostile work environment claim. From the decision: In the end, [d]etermining whether workplace harassment was severe or pervasive enough to be actionable…

Read More Court Dismisses Doctor’s Race, Sex-Based Hostile Work Environment Claims Against Mt. Sinai
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In Lewis v. Blackman Plumbing Supply Co. 51 F. Supp. 3d 289 (SDNY 2014), the Southern District of New York denied defendants’ motion for summary judgment on plaintiff’s claims that defendants terminated him because of his hip-related disability, failed to accommodate him, and subjected him to a hostile work environment. As to plaintiff’s discriminatory-discharge claim,…

Read More Evidence, Including Derogatory Comments About Plaintiff’s Walk, Was Sufficient to Overcome Summary Judgment on Plaintiff’s Disability Discrimination Claims
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In Bright v. Coca Cola, 12-cv-234 (EDNY Nov. 3, 2014), an employment discrimination case, the Eastern District of New York granted summary judgment in defendant’s favor. Judge Cogan’s decision is instructive regarding the use of depositions in employment litigation. For non-lawyers/litigators, a “deposition” is (briefly and generally speaking) a witness’s out-of-court testimony that is reduced to…

Read More “Have You Identified All Facts Supporting Your Claims?”
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In EEOC v. Suffolk Laundry Services, 48 F.Supp.3d 497 (2014), the Eastern District of New York denied defendants’ motion for partial summary judgment on plaintiffs’ hostile work environment claims. (Here is the complaint and here is the EEOC press release about the lawsuit.) One point this decision makes is that “conduct directed at other employees is part of the…

Read More “Hostile Work Environment” Can Be Shown By Conduct Directed at Other Employees
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Generally speaking, sexual harassment[1]This discussion is confined to the employment context. is a form of sex-based discrimination typically characterized by unwelcome sexual advances, requests for sexual favors, and other verbal or physical sexual conduct. The cause of action for sexual harassment is statutory, and is prohibited (in New York City) by Title VII of the…

Read More What is Sexual Harassment?
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