Hostile Work Environment

In McIntyre v. Corning Incorporated, 15-cv-6277, 2019 WL 2140625 (W.D.N.Y., 2019), the court, inter alia, dismissed plaintiff’s Title VII hostile work environment claim, finding that plaintiff did not show that he was subjected to a hostile work environment within 300 days of his EEOC complaint. In this case, plaintiff alleged (inter alia) that he was…

Read More Untimely, Non-Gender Based Conduct Did Not Amount to a Hostile Work Environment Claim, Court Holds

In Montanez v. McDean LLC, 2019 WL 2153298 (2d Cir. May 16, 2019) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim. The law, as summarized by the court: To establish a hostile work environment claim, a plaintiff must show, inter alia, that “the workplace was permeated with…

Read More Hostile Work Claim Dismissal Affirmed; Additional Work, Reprimands, Etc. Insufficient__

In Kurlender v. Ironside Group, Inc., 2019 WL 1317405 (E.D.N.Y., 2019), the court fully adopted a Magistrate Judge’s Report & Recommendation, inter alia, denying defendant’s motion to dismiss plaintiff’s Amended Complaint’s allegation that he was subjected to hostile work environment sexual harassment. The court summarized plaintiff’s allegations as follows: Plaintiff alleges in the Amended Complaint…

Read More Allegation of “Unwanted Touching” Sufficient to Plead Hostile Work Environment Sexual Harassment

In Colas v. City of University of New York, 17-cv-4825, 2019 WL 2028701 (E.D.N.Y. May 7, 2019), the court, inter alia, dismissed plaintiff’s pregnancy-based hostile work environment and constructive discharge claims. As to plaintiff’s hostile work environment claim, the court explained: Here, Defendants contend that Plaintiff’s allegations “amount to dissatisfaction with her supervisors, … personality…

Read More Pregnancy-Based Hostile Work Environment, Constructive Discharge Claims Dismissed Against CUNY

A recent decision, Dotson v. City of Syracuse et al, 18-cv-750, 2019 WL 2009076 (N.D.N.Y. May 7, 2019), underscores that so-called “hostile work environment” claims require more than simply “derogatory”, “boorish”, or “offensive” language. The court summarized the well-established law applicable to plaintiff’s hostile work environment claim: In determining whether conduct constitutes a hostile work…

Read More Derogatory, Boorish Language Did Not Give Rise to Hostile Work Environment

In McCullough v. John T. Mather Hospital of Port Jefferson, New York, Inc., 16-cv-4968, 2019 WL 1755436 (EDNY April 19, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim. It summarized the law as follows: Title VII and NYSHRL prohibits an employer from discriminating against an employee on the basis of race, color,…

Read More Hostile Work Environment Claims Dismissed; “Inappropriate” Comments Were Insufficiently Severe, and Not Tied to Protected Status

In Anderson v. NYC Health and Hospitals (Coney Island Hospital), 2019 WL 1765221 (E.D.N.Y. April 22, 2019), the court, inter alia, held that plaintiff failed to state a claim for hostile work environment under Title VII of the Civil Rights Act of 1964. It summarized the (well-established) law as follows: In order to prevail on…

Read More Hostile Work Environment Claim Dismissed; Amended Complaint Failed to Allege Specifics

In Torres v. City of New York, 2019 WL 1765223 (S.D.N.Y. April 22, 2019), the court, inter alia, dismissed plaintiff’s employment discrimination and hostile work environment claims. From the decision: The Complaint describes two incidents in which Chu made disparaging remarks in Plaintiff’s presence over the course of two years. The first incident occurred in…

Read More Court Dismisses NYPD Officer’s Discrimination, Hostile Work Environment Claims

In Fields v The Dept. of Educ. of the City of New York, No. 154283/2016, 2019 WL 1580151, at *3, 2019 N.Y. Slip Op. 30955(U) (N.Y. Sup Ct, New York County Apr. 12, 2019), the court dismissed plaintiff’s hostile work environment claim because it was not included in plaintiff’s Notice of Claim, and therefore plaintiff…

Read More Hostile Work Environment, Discrimination Claims Dismissed Against NYC Dept. of Education

From Morales v. Bottling Group, LLC, 16-cv-6597L, 16-cv-6600L, 2019 WL 1593418 (W.D.N.Y. April 15, 2019): Morales fails to demonstrate that any of the alleged conduct was racially motivated. Regarding Flaherty’s “verbal insult,” Morales’s own testimony suggests he did not perceive it to be racially motivated at the time, (Dkt. # M31-5 at 27) (explaining that…

Read More Hostile Work Environment Claim Dismissed; “Job Criticism” Insufficient