2022

It was recently reported that former professional boxer Mike Tyson punched fellow airline passenger Melvin Townsend III. More details are emerging, and it appears that there are disputed versions of the event (regarding, among other things, whether Townsend threw a water bottle at Tyson). Let’s assume that this case proceeded to litigation against Tyson, and…

Read More Mike Tyson, Battery, Planes, and Provocation
Share This:

In Bouziotis v. Iron Bar, LLC, 2022 WL 1144916 (N.J. Super. A.D. April 19, 2022), the court affirmed the dismissal of plaintiff’s gender-based hostile work environment under the New Jersey Law Against Discrimination (LAD). In sum, plaintiff alleged that, among other things, instead of using plaintiff’s proper name, the defendant bar’s part owner (individual defendant…

Read More Hostile Work Environment Claim Dismissed; “Loutish”, “Unprofessional”, “Inappropriate” Conduct Insufficient
Share This:

In Melendez v. New York City Transit Authority et al., No. 1576 4, 2021-02852, 2022 WL 1177462 (N.Y.A.D. 1 Dept., Apr. 21, 2022), the Appellate Division, First Department unanimously affirmed the lower court’s denial of defendants’ motion for summary judgment dismissing plaintiff’s complaint alleging gender discrimination and retaliation. From the decision: The record does not…

Read More Gender Discrimination, Retaliation Claims to Proceed Against NYC Transit Authority
Share This:

In Chica v. Shallu Construction Corp., 21-cv-869, 2022 WL 970744 (E.D.N.Y. March 31, 2022), the court, inter alia, held that plaintiffs – who are Hispanic and of Latin American descent – sufficiently alleged race-based hostile work environment claims against defendants. As to individual defendant Amninder Singh, the court explained: Plaintiffs have pleaded a “steady barrage…

Read More Race (Hispanic)-Based Hostile Work Environment Claims Sufficiently Alleged
Share This:

In Miller v. New York State Police et al, 2022 WL 1133010 (2d Cir. April 18, 2022), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the lower court’s dismissal (on summary judgment) of plaintiff’s race-based hostile work environment claim. After summarizing the well-established black-letter law of hostile work environment claims, the…

Read More Race-Based Hostile Work Environment Claim Properly Dismissed; Alleged 12 Incidents Over 3 Years Insufficient
Share This:

In Davis v. Elwyn, Inc., 20-cv-05798, 2022 WL 970842 (E.D.Pa. March 31, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964. Plaintiff, who worked as a Mental Health Program Specialist for defendant, alleged that defendant subjected her to a hostile work environment…

Read More Sex/Race-Based Hostile Work Environment Claims Dismissed; Mental Health Specialist Did Not Suffer “Objectively” Hostile Environment Resulting From Patient’s Alleged Harassment
Share This:

In Taylor v. Haaland, 2022 WL 990682 (D.D.C. March 31, 2022), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim. After summarizing the “black letter” law governing such a claim, the court applied it to the facts: Here, Taylor argues that the Department created a hostile work environment by: (1)…

Read More Hostile Work Environment Claim Dismissed; “Unpleasant” and “Offensive” Conduct Insufficient
Share This:

A recent case, Davis v. Arcelormittal USA, LLC, 18-cv-318 (N.D. Ind. April 15, 2022), is instructive on the “exhaustion of administrative remedies” principle of federal employment discrimination law. Here (in sum) plaintiff submitted a Charge of Discrimination to the Equal Employment Opportunity Commission (EEOC), in which she asserted of disability discrimination and failure to accommodate disability…

Read More Disability-Based Hostile Work Environment Claim Dismissed as Not Administratively Exhausted at EEOC
Share This:

In Sherman v. Kendall, CIV-21-484-F, 2022 WL 1094617 (W.D.Okla. April 12, 2022), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment and constructive discharge claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: Upon review, the court again concludes that Sherman has failed to…

Read More Lack of Racial Motivation Dooms Hostile Work Environment, Constructive Discharge Claims
Share This:

In White v. Aldridge Electric, Inc., 21-cv-01872, 2022 WL 1003765 (E.D.Pa. April 4, 2022), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s claim of disability discrimination asserted under the Americans with Disabilities Act. In sum, plaintiff alleged that he was treated differently, and fired, because of his medical conditions (chronic pain…

Read More Disability Discrimination Claim Dismissed; “Piece of Shit” Comment Was “Neutral”
Share This: