Plaintiff Defeats Summary Judgment (Hostile Work Environment)

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In White–Barnes v New York State Department of Corrections and Community Supervision, No. 535384, 2023 N.Y. Slip Op. 01561, 2023 WL 2602608 (N.Y.A.D. 3 Dept. Mar. 23, 2023), the court modifying and reversing a lower order dismissing, on summary judgment, plaintiff’s claim of an age-based hostile work environment leading to her constructive discharge. In sum,…

Read More “Grandma” Comments Result in Age-Based Discrimination, Hostile Work Environment, Constructive Discharge Claims Being Resurrected From Summary Judgment Dismissal
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In Johnson v. The City of Troy et al, 1:20-cv-1279 (MAD/TWD), 2023 WL 2587945 (N.D.N.Y. March 21, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the “black letter” law governing this claim,…

Read More Title VII Race-Based Hostile Work Environment Claim Survives Summary Judgment Against City of Troy
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In Schlegel v. Finney County, Kansas, Board of Commissioners, No. 21-1288-JAR-KGG, 2023 WL 2428900 (D.Kan. March 9, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sexual orientation-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Here, Plaintiff points to no single…

Read More Sexual Orientation-Based Hostile Work Environment Claim Survives Summary Judgment
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In Skinner v. American Pollution Control Corp, 2023 WL 186950 (W.D.La. Jan. 13, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. This case involves repeated use of the “N word” in the presence of plaintiff, an African American man. From the decision: AMPOL also argues…

Read More Race-Based Hostile Work Environment Claim, Based on Survives Summary Judgment
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In Walker v. Northern Pipe & Supply, LLC, Dkt. No. HHD-CV-19-6119581-S, 2023 WL 196032 (Conn. Super. January 11, 2023), the court, inter alia, held that plaintiff presented sufficient evidence to survive summary judgment on her hostile work environment sexual harassment  and other related claims. From the decision: The defendants argue that there is insufficient evidence…

Read More Sexual Harassment, Constructive Discharge, Negligent Hiring/supervision Claims Survive Summary Judgment; Evidence Included Penis, Boobs, Bikini Comments
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In Gazaway v. Rims USA LLC d/b/a RNR Tire Express, No. 1:21-cv-44, 2022 WL 17869144 (E.D.Tenn. Dec. 22, 2022), the court, inter alia, held that plaintiff presented sufficient facts such that a reasonable jury could conclude she was subjected to sexual harassment (of the “hostile work environment” type), as well as whether defendant may successfully…

Read More Sexual Harassment Claim Survives Summary Judgment; Evidence Included Lewd Snapchat Messages
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A recent decision, Ramroop v. Communications Workers of America Local 1182, No. 157047/2019, 2022 WL 17574009 (N.Y. Sup Ct, New York County Dec. 08, 2022), illustrates how to impute liability for a sexually hostile work environment claim against a defendant – in this case, a union. From the decision: Local 1182 argues that a claim…

Read More Hostile Work Environment Sexual Harassment Claims Proceed Against Union
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In Lockett v. Target Corporation, 3:20-CV-00191 (SVN), 2022 WL 17127292 (D.Conn. Nov. 22, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. After summarizing the applicable “black letter” law regarding…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Offensive Music Played
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In Matewos v. National Beverage Corporation, 2022 WL 13763262 (Wash.App. Div. 1 Oct. 24, 2022), the court, inter alia, reversed the lower court’s summary judgment dismissal of plaintiff’s claim of a race-based hostile work environment under the Washington Law Against Discrimination. From the decision: Shasta argues Cannady and Roberts failed to raise a genuine issue…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Racist Graffiti
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In Taylor v. Kaiser Foundation Health Plan of Colorado, No. 21-cv-00012-NYW-NRN, 2022 WL 16855697 (D.Colo. Nov. 10, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of a race-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: The Court finds that…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment, Notwithstanding Lack of “Overt” Racial Statements or Slurs
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