Hostile Work Environment

In Moore, Kim v. Hadestown Broadway Limited Liability Company, No. 23-CV-4837 (LAP), 2024 WL 989843 (S.D.N.Y. March 7, 2024), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Preska), inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claims. (I wrote about the court’s…

Read More Actress Plausibly Alleges Race-Based Hostile Work Environment Claims Under NYS and NYC Human Rights Laws (But Not Title VII)
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In Moore, Kim v. Hadestown Broadway Limited Liability Company, No. 23-CV-4837 (LAP), 2024 WL 989843 (S.D.N.Y. March 7, 2024), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Preska), inter alia, denied defendant’s motion to dismiss plaintiff’s race-based discriminatory termination claims. The court discussed, and applied, the…

Read More Actress Plausibly Alleges Race-Based Discriminatory Termination, Court Holds
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In  Sawyers v. Christine McMahon, 1:23-cv-05494 (PAE) (SDA), 2024 WL 665681 (S.D.N.Y. Jan. 29, 2024), the court, inter alia, dismissed plaintiff’s hostile work environment claims. This decision, like many, illustrates that in order to be actionable, the alleged hostility must be connected to the plaintiff’s membership in a protected class (such as sex, race, etc.).…

Read More Lacking Link to Protected Class, Alleged Hostile Work Environment Claims Dismissed
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In Moll v. Telesector Resources Group, Inc., No. 20-3599, 2024 WL 820179 (2d Cir. Feb. 28, 2024), the U.S. Court of Appeals for the Second Circuit vacated the lower court’s order dismissing plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: In…

Read More 2d Circuit Vacates Summary Judgment Dismissal of Title VII Hostile Work Environment Claim
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In Arnold v Town of Camillus, No. 22-01774, 831, 202 N.Y.S.3d 839, 2023 N.Y. Slip Op. 06627, 2023 WL 8865653 (N.Y.A.D. 4 Dept., Dec. 22, 2023), the court addressed the “Notice of Claim” requirement in the context of employment discrimination claims asserted under the New York State Human Rights Law. The court summarized the facts…

Read More NYS Human Rights Law Discrimination, Hostile Work Environment, Sexual Harassment, Constructive Discharge, Retaliation Claims Subject to Town Law’s “Notice of Claim” Requirement
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In Yuvienco v. Tom Vilsack, Secretary of Agriculture, 2024 WL 727712 (D.D.C. Feb. 22, 2024), the court granted defendant’s motion to dismiss plaintiff’s hostile work environment claims. Initially, the court summarized the relevant black-letter law, highlighting the requirement that a plaintiff asserting such a claim “must establish that the allegedly harassing conduct complained of was…

Read More Hostile Work Environment Claims Dismissed; Allegations of Inaccurate Criticism etc. Insufficient
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In Banks v. McGlynn, Hays & Co., Inc., No. 1:19-cv-05727 (JLR) (RWL), 2024 WL 689145 (S.D.N.Y. Feb. 20, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1981.  From the decision: Plaintiff points to the text message, the music event, and the car…

Read More Race-Based Hostile Work Environment Claim Dismissed, Notwithstanding “Rigger” Comment
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In Breiding v. High Hopes Films, LLC, No. 152385/2023, 2024 WL 144966, 2024 N.Y. Slip Op. 30135(U) (N.Y. Sup Ct, New York County Jan. 12, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation under the New York State and City Human Rights Laws. From the decision: In order to…

Read More Retaliation Claims Survive Dismissal Against High Hopes Films, LLC
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In Ferrara v. Sterling, Inc., No. 23-0454-cv, 2024 WL 485742 (2d Cir. Feb. 8, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s award of summary judgment to defendant on plaintiff’s age-based hostile work environment claims. The court held that even if the plaintiff had established the existence of a…

Read More Application of Faragher/Ellerth Defense Justifies Summary Judgment Dismissal of Age-Based Hostile Work Environment Claims, Second Circuit Holds
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