Hostile Work Environment

In Siena v. Primo Pizza 84 LLC et al, No. 705179/2016, 69 Misc. 3d 1215(A), 2020 N.Y. Slip Op. 51344(U), 2020 WL 6704163 (NY Sup. Ct., Queens Cty., Nov. 05, 2020), the court, inter alia, dismissed plaintiff’s national origin-based hostile work environment claim. After summarizing the “black letter” law in this area, the court applied…

Read More Hostile Work Environment Claim Dismissed; “Guido”, Wise Guy” Remarks & Accent Mocking Insufficient
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In Kalia v. City University of New York, 2020 WL 6875173 (SDNY Nov. 23, 2020), the court, inter alia, dismissed plaintiff’s race- and national origin-based hostile work environment claim(s). The court provides the following (well-established) overview of the “black letter law” in this area: [F]or Kalia’s Title VII hostile work environment claim to survive, he…

Read More Hostile Work Environment Insufficiently Alleged; Negative Conduct
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In Hand v. New York City Dept. of Correction, No. 160415/2019, 2020 WL 6746634 (N.Y. Sup Ct, New York County Nov. 16, 2020), the court, inter alia, dismissed plaintiff’s for gender and race discrimination under the New York State and City Human Rights Laws. From the decision: Here, a review of the complaint shows that…

Read More Gender/Race Discrimination Claims Insufficiently Alleged Against the NYC Dept. of Correction
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In Krul v. Megan J. Brennan, Postmaster General, U.S. Postal Service et al, 2020 WL 6736886 (N.D.N.Y. Nov. 17, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of gender-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. The court summarized the legal standard in the…

Read More Sex-Based Hostile Work Environment Claim Sufficiently Alleged; Allegations Included Voice Mocking
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In Mozzachio v. Schanzer, No. 2018-12385, 521309/17, 2020 N.Y. Slip Op. 06522, 2020 WL 6601906 (N.Y.A.D. 2 Dept., Nov. 12, 2020) – a sexual harassment case – the court, inter alia, held that an arbitration agreement was enforceable by the defendant. In this case, the plaintiff alleges claims of sexual harassment and hostile work environment,…

Read More Sexual Harassment Plaintiff Bound by Arbitration Agreement, Court Holds
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In Tese-Milner v. ATCO Properties & Management, Inc., No. 113902/2007, 2020 WL 6591380 (N.Y. Sup Ct, New York County Nov. 10, 2020), a sex discrimination case, the court, inter alia, upheld a jury verdict of $700,000 in emotional distress/pain and suffering damages. In rendering its decision, the court outlined the evidence relating to the merits,…

Read More Court Upholds $700k Emotional Distress Damages Jury Verdict in Sex Discrimination Case
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In Bernstein v. New York City Department of Education, 2020 WL 6564809 (S.D.N.Y. Nov. 9, 2020), the court, inter alia, dismissed plaintiff’s age-based hostile work environment and (related) constructive discharge claims. From the decision: First, a school system is entitled to ask a teacher when she plans to retire without automatically creating an inference that…

Read More Hostile Work Environment & Constructive Discharge Claims Dismissed Against NYC Dept. of Education
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In Nagaraj v. Sandata Technologies, LLC, 2020 WL 6482194 (EDNY Nov. 4, 2020), the court adopted a Magistrate Judge’s Report & Recommendation finding that plaintiff may proceed on his claim of  a hostile work environment based on race discrimination culminating in a constructive discharge. This decision is instructive on the scope of a federal statute,…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal
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In Legg v. Ulster County, 2020 WL 6325857 (2d Cir. Oct. 29, 2020), the court, inter alia, affirmed the lower court’s denial of defendant’s post-verdict motion for judgment as a matter of law (per Federal Rule of Civil Procedure 50(b)) on a female plaintiff officer’s hostile work environment/sexual harassment claim under Title VII of the…

Read More Hostile Work Environment Sexual Harassment Verdict Upheld
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In Rosalie v. Supreme Glass Co., Inc., 18-CV-02064, 2020 WL 6263311 (EDNY Oct. 23, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual orientation-based hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. The court outlined the…

Read More Hostile Work Environment (Sexual Orientation/Gender) Claims Survive Based on Offensive Comments
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