Home » Blog » Hostile Work Environment

Hostile Work Environment

In Lai v. Deiorio Foods, Inc., 15-CV-0195, 2018 WL 987258 (N.D.N.Y. Feb. 20, 2018), the court granted defendant’s motion for summary judgment on plaintiff’s claims of national origin discrimination and national origin-based hostile work environment. As to plaintiff’s discrimination claim, the court explained: Plaintiff alleges that Kucevic harbored bias against her. Exs. at 11–12. However, […]

In Dollinger v. New York State Insurance Fund, 2018 WL 832904 (2d Cir. Feb. 13, 2018) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim under the Americans with Disabilities Act. From the Order: The District Court also correctly dismissed Dollinger’s ADA hostile-work-environment claim. We have not yet […]

In Matthews v. Hewlett-Packard Company, 15-cv-3922, 2017 WL 6804075 (S.D.N.Y. Dec. 22, 2017), a race discrimination/hostile work environment/retaliation case, the court explained and applied the principles applicable to the admissibility of expert testimony – under FRE 702/Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) – as to emotional distress damages. In sum, the court […]

In Giove v. City of New York, 15-cv-2998, 2018 WL 736008 (E.D.N.Y. Feb. 5, 2018), the court addressed whether sexual orientation discrimination and retaliation claims brought by a teacher were barred by collateral estoppel due to a prior finding at a hearing pursuant to NY Education Law § 3020-a. Under the facts of this case, the […]

In Pertillar v. AAA Western and Central New York, 16-238, 2018 WL 583115 (N.D.N.Y. Jan. 26, 2018), the court dismissed plaintiff’s race discrimination and hostile work environment claims, but held that plaintiff sufficiently alleged retaliation. The court summarized the requirements for pleading retaliation: A plaintiff claiming retaliation under Title VII [of the Civil Rights Act […]

In Figueroa v. KK Sub II et al, 15-cv-6526, 2018 WL 573571 (W.D.N.Y. Jan. 26, 2018), the court (inter alia) denied defendant’s motion for summary judgment as to plaintiff’s retaliatory termination claims under Title VII and the New York State Human Rights Law. In sum,[1]As always, this is a brief summary of the facts of […]

In a new lawsuit, captioned Rehal v. Harvey Weinstein et al, SDNY 18-cv-00674 (filed January 25, 2018), plaintiff (Harvey Weinstein’s personal assistant) asserts, inter alia, that she “was forced to work in a pervasive and severe sexually hostile work environment at The Weinstein Company LLC and The Weinstein Company Holdings LLC[], defined by endless offensive, […]

In Mula v. AbbVie, Inc., 15-CV-6563-FPG, 2018 WL 501277 (W.D.N.Y. Jan. 22, 2018), the court granted summary judgment to defendant on plaintiff’s hostile work environment and retaliation claims. In sum, plaintiff alleged that she was sexually harassed by her supervisor (McCutchan) and then subjected to retaliation for complaining about it. Among other things, plaintiff claimed that […]

One venue available to victims of employment discrimination – including being subjected to a hostile work environment – is to pursue a claim in the New York State Division of Human Rights, an administrative agency that enforces the New York State Human Rights Law. Proceeding in that forum, however, results in a relatively limited range […]