Hostile Work Environment

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In Richardson-Holness v. Alexander, No. 13-CV-2761 (NG), 2016 WL 4027978 (E.D.N.Y. July 26, 2016), the court denied in part defendant’s motion for summary judgment on plaintiff’s quid pro quo sexual harassment claim (with respect to certain alleged actions) and her hostile work environment claim. In sum, plaintiff (a probationary teacher) alleged “that defendant Michael A.…

Read More NYC Public School Teacher’s Quid Pro Quo Sexual Harassment and Hostile Work Environment Claims Survive Summary Judgment
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In Felmine v. Service Star, No. 13-cv-2641, 2016 WL 4005763 (E.D.N.Y. July 25, 2016), the court granted defendants’ summary judgment motion and dismissed plaintiff’s claims for (1) quid pro quo sexual harassment, (2) hostile work environment, (3) retaliation, and (4) disability discrimination. Plaintiff – a cargo handling agent – alleged that defendant “subjected him to…

Read More Court Dismisses Sexual Harassment Claims Based on Conduct of Non-Supervisory Co-Worker
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In Fullwood v. SDH Servs. W., LLC, No. 16-CV-1 (RA), 2016 WL 3951186 (S.D.N.Y. July 20, 2016), an employment discrimination/hostile work environment/sexual harassment case, the court granted defendants’ motion to change venue from the Southern District of New York to the Western District of New York. In this case, plaintiff contends that over the course…

Read More Go West, Ms. Plaintiff: Manhattan Federal Court Explains Decision to Transfer Discrimination Case to the Western District of New York
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In a lawsuit captioned Gonzalez v. Manhattan Auto Care et al (NY Sup. Ct. NY Cty. 156078/2016 filed July 21, 2016), plaintiff asserts various claims – including hostile work environment and quid pro quo sexual harassment, gender discrimination, and retaliation under the NYC Human Rights Law – against the defendants. Plaintiff alleges, inter alia, that the individual…

Read More Sexual Harassment Plaintiff Alleges Required Consumption of Alcohol, Sexual Comments, Attempted Touching
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In Deberry v. Brookdale Univ. Hosp. & Med. Ctr., No. 12-CV-6251(SLT)(RLM), 2016 WL 3840673 (E.D.N.Y. July 12, 2016), the court dismissed plaintiff’s discrimination, harassment, and hostile work environment claims. Here I’ll focus on its discussion of plaintiff’s hostile work environment claim. This case is instructive on the issue of when the alleged harassment may be…

Read More Court Discusses the “Imputing Conduct” Element of a Hostile Work Environment Claim
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In a recent Manhattan federal court filing, Roger Ailes – the named defendant in a sexual harassment lawsuit filed by former Fox News host Gretchen Carlson in NJ state court – seeks to compel arbitration of her claims pursuant to the Federal Arbitration Act. (Here are the supporting petition and memorandum of law.) His papers…

Read More Roger Ailes Moves to Compel Arbitration of Gretchen Carlson’s Sexual Harassment Claims
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In Mykytyn v. Hannaford Bros. Co., No. 15-01427, 2016 WL 3638182 (N.Y. App. Div. 4th Dept. July 8, 2016), the court reinstated several of plaintiff’s claims, including his co-worker-based sexual harassment/hostile work environment claim. The facts, as summarized by the court: Plaintiff commenced this action seeking damages for, inter alia, employment discrimination pursuant to the…

Read More Court Explains and Applies the Standard For Co-Worker Harassment/Hostile Work Environment Claims Under the NYS Human Rights Law
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In Fisher v. Mermaid Manor Home for Adults, LLC, No. 14-CV-3461 (WFK)(JO), 2016 WL 3636021 (E.D.N.Y. June 29, 2016), the court denied defendant’s motion for summary judgment on plaintiff’s race/national origin-based hostile work environment claim. Plaintiff sued after being apprised by co-workers of an Instagram post which “consisted of two photographs of Plaintiff contrasted with a…

Read More Instagram “Planet of the Apes” Comparison Results in Denial of Summary Judgment in Race/National Origin Discrimination (Hostile Work Environment) Case
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In a complaint filed in New Jersey state court on July 6, 2016, Plaintiff Gretchen Carlson, a former Fox News Channel host, alleges that Fox Chairman/CEO Roger Ailes “unlawfully retaliated against Carlson and sabotaged her career because she refused his sexual advances and complained about severe and pervasive harassment”, in violation of the New York City Human…

Read More Sexual Harassment Lawsuit by Fox News Host Gretchen Carlson Against Roger Ailes
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In Staten v. City of New York, No. 15-2611, 2016 WL 3569906 (2d Cir. June 30, 2016) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s hostile work environment claim. This case illustrates the importance of context – specifically, the nature of the plaintiff’s job – in evaluating hostile work environment claims. From the…

Read More No Hostile Work Environment Claim Stated by Police Officer Based on Receipt of “Dangerous Orders”
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