Judge: Frederick J. Scullin Jr.

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In Herbowy-Hubalek v. Lithia of Yorkville-3, LLC et al, 6:21-CV-43 (FJS/MJK), 2024 WL 1329035 (N.D.N.Y. March 28, 2024), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964.  The court summarized the evidence supporting plaintiff’s…

Read More Sexual Harassment Claim Survives Summary Judgment; Evidence Included Touching, Looking Down Shirt, Grabbing Own Penis
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In Hernandez v. Kwiat Eye and Laser Surgery, PLLC, 2023 WL 372105 (N.D.N.Y. Jan. 24, 2023), the court, inter alia, dismissed plaintiff’s sex-based hostile work environment claims. This is, unfortunately, yet another example of unpleasant, arguably sex-based conduct – when viewed through the lens of the applicable legal standard – does not rise to the…

Read More Sex-Based Hostile Work Environment Claims Dismissed; “Vagina” Comments Insufficient
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In Roberts v. The Sage Corporation et al, 20-cv-365, 2021 WL 3617670 (NDNY Aug. 16, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In contrast to Title VII discrimination and retaliation claims, hostile work environment claims involve a…

Read More Hostile Work Environment Claim Dismissed; Post-Employment Conduct Not Actionable
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In Legg v. Ulster County, et al, 2017 WL 3668777 (N.D.N.Y. 09-cv-00550, Aug. 24, 2017) (J. Scullin), the Northern District of New York, inter alia, upheld a jury verdict in favor of one plaintiff (a female corrections officer) on her hostile work environment claim under Title VII of the Civil Rights Act of 1964.[1]The court also…

Read More NDNY Upholds Sexual Harassment/Hostile Work Environment Jury Verdict for Plaintiff Corrections Officer
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In Kirkland v. Speedway LLC, No. 15-cv-1184, 2017 WL 2198963 (N.D.N.Y. May 18, 2017) (J. Scullin), the U.S. District Court for the Northern District of New York denied defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment under the NYS Human Rights Law. From the decision: Plaintiff proffers the following…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Evidence Included Staring, Inappropriate Name-Calling, & Unsolicited Touching
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In Dziedzic v. State University of New York at Oswego (decided Dec. 19, 2014), the Northern District of New York reiterated that, in order to establish a hostile work environment under Title VII of the Civil Rights Act of 1964, a plaintiff must establish two elements: [1] the workplace is permeated with discriminatory intimidation, ridicule,…

Read More Court Reiterates That Actionable Hostile Work Environment Must Be Related to Protected Class/Status
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