Hostile Work Environment Sufficiently Alleged

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In Doyle v. American Glory Restaurant Corp. and Joseph Fiero, 23 Civ. 7624 (PAE), 2024 WL 1466161 (S.D.N.Y. April 4, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s first amended complaint (FAC) alleging a sex-based hostile work environment under Title VII of the Civil Rights Act of 1964 and the New York…

Read More Sex-Based Hostile Work Environment Claims Plausibly Alleged; Allegations Included Sexual Comments, Display of Pornography
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In Jeramiah Brown v. Fat Dough Inc. d/b/a Dominos Pizza, 5:22-cv-761 (BKS/ML), 2024 WL 1345360 (N.D.N.Y. March 29, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim. The court summarized the black-letter law, and applied it to the facts, as follows: Under Title VII, it is illegal “to…

Read More Sex-Based Hostile Work Environment Claim Survives Dismissal; Allegations Included Sexual Comments, Bullying, and Name Calling
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In Moore, Kim v. Hadestown Broadway Limited Liability Company, No. 23-CV-4837 (LAP), 2024 WL 989843 (S.D.N.Y. March 7, 2024), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Preska), inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claims. (I wrote about the court’s…

Read More Actress Plausibly Alleges Race-Based Hostile Work Environment Claims Under NYS and NYC Human Rights Laws (But Not Title VII)
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In Moore, Kim v. Hadestown Broadway Limited Liability Company, No. 23-CV-4837 (LAP), 2024 WL 989843 (S.D.N.Y. March 7, 2024), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Preska), inter alia, denied defendant’s motion to dismiss plaintiff’s race-based discriminatory termination claims. The court discussed, and applied, the…

Read More Actress Plausibly Alleges Race-Based Discriminatory Termination, Court Holds
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In Izabel v. Robert B. Downing, Chief Usher at the Executive Residence, Civil Action No. 22-cv-2898 (CJN), 2024 WL 474261 (D.D.C. Feb. 7, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race- and sex- based hostile work environment claim. From the decision: The government contends that the various incidents that Izabel complains…

Read More First Female White House Butler Sufficiently Alleges Race, Sex-Based Hostile Work Environment Claims
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In a recent decision, Montgomery v. Prisma Health, No. 6:23-cv-00395-TMC, 2024 WL 449274 (D.S.C. Feb. 5, 2024), the court, inter alia, declined to adopt a Magistrate Judge’s Report & Recommendation that plaintiff’s claim of a race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. After reviewing pertinent case law,…

Read More Race-Based Hostile Work Environment Survives Dismissal; Allegations Include Placement of Noose and Calling Plaintiff a “Slave”
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In Hedvika Polonca Hribovsek v. United Cerebral Palsy of New York City et al, No. 1463, 152849/17, 2022-05615, 2024 N.Y. Slip Op. 00377, 2024 WL 330884 (N.Y.A.D. 1 Dept., Jan. 30, 2024), the court, inter alia, affirmed the denial of defendant’s motion for summary judgment dismissing plaintiff’s hostile work environment claims. From the decision: Finally,…

Read More Hostile Work Environment Claims Survive Summary Judgment; Court Cites Accent Mocking and Excessive Monitoring
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In Santiago et al v. The City of New York, No. 159551/2021, 2024 WL 144971 (N.Y. Sup Ct, New York County Jan. 12, 2024), the court, inter alia, denied the defendants’ motion to dismiss (some) plaintiffs’ claims of sex-based hostile work environment asserted under the New York State and City Human Rights Laws. In sum,…

Read More Female Plaintiffs’ Sex-Based Hostile Work Environment Claims, Arising From Sexual Harassment by Inmates, Survive Dismissal
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In De Piero v. Pennsylvania State University et al, CIVIL ACTION NO. 23-2281, 2024 WL 128209 (E.D.Pa. January 11, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of Title VII of the Civil Rights Act of 1964, 42…

Read More White Penn State Professor Sufficiently Alleges Race-Based Hostile Work Environment Claims
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In a recent case, Stevenson v. United Animal Health, Inc., Case No. 1:23-cv-00509-TWP-CSW, 2023 WL 9040111 (S.D.Ind. Dec. 29, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim for a sex-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. From the decision: A hostile work environment…

Read More Citing “Bitch” Comments, Court Denies Motion to Dismiss Title VII Sex-Based Hostile Work Environment Claim
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