Hostile Work Environment

In Feinstein v. Richard Carranza and the NYC Dept. of Education, 19-CV-3344, 2021 WL 722411 (E.D.N.Y. Feb. 24, 2021), the court dismissed plaintiff’s religion-based discrimination claim as untimely, in that it was not filed within 90 days of the receipt of the right-to-sue letter from the U.S. Equal Employment Opportunity Commission (EEOC). From the decision:…

Read More Day-Late Religious Discrimination Complaint Dismissed
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In Black v. ESPN, Inc. et al, No. 155236/2020, 2021 N.Y. Slip Op. 50118(U), 2021 WL 668760 (Sup Ct NY Cty, Feb. 19, 2021), the court denied defendants’ motion to dismiss plaintiff’s disability discrimination, hostile work environment, and retaliation claims asserted under the New York State and City Human Rights Laws. In sum, plaintiff, a…

Read More Disability Discrimination, Hostile Work Environment, & Retaliation Claims Sufficiently Alleged Against ESPN et al
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In Duff v. Pristine Services, 2021 WL 663981 (SDNY Feb. 19, 2021), the court, inter alia, dismissed plaintiff’s complaint alleging a race-based hostile work environment. As to whether the alleged conduct was sufficiently “hostile”, the court explained: Duff’s hostile workplace claim appears to be premised on a single incident, in which he found the three…

Read More Alleged “Racist Graffiti” Held Insufficient to Make Out Hostile Work Environment Claim, Court Rules
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In Domingues v. Barton Chevrolet Cadillac et al, 18-CV-07772, 2021 WL 637016 (S.D.N.Y. Feb. 17, 2021), the court, inter alia, denied defendant Barton Chevrolet’s motion for summary judgment on plaintiff’s sexual harassment/hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. The…

Read More Sexual Harassment Hostile Work Environment Survives Summary Judgment; Breast Touching & Comments Presented Triable Issues of Fact
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In Acosta v. CKR Law LLP et al, No. 156323/2019, 2021 WL 465977 (N.Y. Sup Ct, New York County Feb. 09, 2021), the court, inter alia, denied defendant’s CPLR 3211(a)(7) motion to dismiss plaintiff’s sexual orientation discrimination/hostile work environment claim asserted under the New York City Human Rights Law. From the decision: A central argument…

Read More Sexual Orientation Discrimination/Hostile Work Environment Claim Survives Dismissal Under the NYC Human Rights Law
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In Bell v. SL Green Realty Corp. et al, 19 Civ. 8153, 2021 WL 516575 (SDNY Feb. 11, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim. From the decision: To state a hostile work environment claim, the Complaint must plausibly allege that her “workplace is permeated with discriminatory intimidation, ridicule,…

Read More Sexual Harassment Claim Dismissed Against SL Green Realty Corp.
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In Doe v. Bloomberg, L.P., et al., 2021 N.Y. Slip Op. 00898, 2021 WL 496608 (N.Y. Ct. App., Feb. 11, 2021), the New York Court of Appeals affirmed a First Department decision declining to impose vicarious liability on defendant Michael Bloomberg, under the New York City Human Rights Law, for the alleged harassment committed by…

Read More Court of Appeals Clarifies Standard for Individual Liability as “Employers” for Discrimination Under the New York City Human Rights Law
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In Elias v. City oof New York et al, 19-CV-11411, 2021 WL 411435 (S.D.N.Y. Feb. 5, 2021), the court denied defendants’ motion to dismiss plaintiff’s hostile work environment claims (on timeliness grounds). From the decision: Conspicuously, Defendants do not move to dismiss on the ground that she fails to state HWE claims as a substantive…

Read More Hostile Work Environment Claims Survive Statute-of-Limitations Based Dismissal; Continuing Violations Doctrine Sufficiently Alleged
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In Maynard v. Montefiore Medical Center et al, 2021 WL 396700 (S.D.N.Y. February 4, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claims. Generally, every legal claim has a statute of limitations, which (in sum) is a deadline by which a claim must be asserted. The application of the statute of limitations to…

Read More Hostile Work Environment Claims Dismissed Against Montefiore Medical Center
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In Madrigal v. Montefiore Medical Center et al., No. 12306, 2020-00608, 307949/10E, 2021 N.Y. Slip Op. 00526, 2021 WL 329412 (N.Y.A.D. 1 Dept., Feb. 02, 2021), the court, inter alia, upheld damage awards for plaintiff on her gender discrimination, sexual harassment, and retaliation claims. (The court’s discussion of liability is discussed here.) A jury awarded…

Read More Court Reverses Damages Reductions in Sexual Harassment Case Against Montefiore Medical Center
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