Hostile Work Environment

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In Gregori, Antonio v. Hometown Foods USA, LLC, No. 23-cv-23356-ALTMAN/Reid, 2024 WL 474374 (S.D.Fla. Feb. 7, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s –  Hispanic male of Peruvian national origin – claim of race discrimination asserted under 42 U.S.C. § 1981. From the decision: Having determined that the Plaintiff needn’t identify…

Read More Plaintiff Sufficiently Alleges Discrimination Under 42 U.S.C. § 1981 Based on Offensive and Derogatory Remarks, Court Finds
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In Izabel v. Robert B. Downing, Chief Usher at the Executive Residence, Civil Action No. 22-cv-2898 (CJN), 2024 WL 474261 (D.D.C. Feb. 7, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race- and sex- based hostile work environment claim. From the decision: The government contends that the various incidents that Izabel complains…

Read More First Female White House Butler Sufficiently Alleges Race, Sex-Based Hostile Work Environment Claims
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In Norman v. Exxon Mobil Corporation, No. 23-00330-BAJ-EWD, 2024 WL 477521 (M.D.La. Feb. 7, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. Initially, the court found that plaintiff’s allegations regarding nooses found at his workplace cannot support his hostile work environment claim, given his admission that he…

Read More Race-Based Hostile Work Environment Claim, Based on Racial Caricature, Survives Dismissal
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In a recent decision, Montgomery v. Prisma Health, No. 6:23-cv-00395-TMC, 2024 WL 449274 (D.S.C. Feb. 5, 2024), the court, inter alia, declined to adopt a Magistrate Judge’s Report & Recommendation that plaintiff’s claim of a race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. After reviewing pertinent case law,…

Read More Race-Based Hostile Work Environment Survives Dismissal; Allegations Include Placement of Noose and Calling Plaintiff a “Slave”
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In Davenport v. Joseph Fiordaliso et al, Civil Action No. 18-13687 (GC) (JBD), 2024 WL 343157 (D.N.J. Jan. 30, 2024), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: As to a hostile work environment, Plaintiff does not allege that anyone at the NJBPU ever used…

Read More Race-Based Hostile Work Environment Claim Dismissed; “Frustration” Did Not Rise to the Level of Actionable Hostility
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In Edwards v. CVS Health Corporation, 1:23-cv-04340 (CM), 2024 WL 308093 (S.D.N.Y. Jan. 25, 2024), the court, inter alia, granted defendant’s motion to compel arbitration of plaintiff’s sex-based hostile work environment claim asserted under the NYC Human Rights Law. In sum, the court held that the Ending Forced Arbitration of Sexual Harassment Act (EFAA) did…

Read More Court, as “No Brainer”, Compels Arbitration of Sex-Based Hostile Work Environment Claim
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In Etienne v MTA New York City Transit Authority, No. 155727/22, 1567, 2023-02797, 2024 N.Y. Slip Op. 00372, 2024 WL 330868 (N.Y.A.D. 1 Dept., Jan. 30, 2024), the New York Appellate Division, First Department unanimously affirmed the dismissal of plaintiff’s discrimination, hostile work environment, and retaliation claims. As to plaintiff’s discrimination and hostile work environment…

Read More Race, National Origin, Religion Discrimination & Hostile Work Environment Claims Held Properly Dismissed Against the NYC Transit Authority
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In Hedvika Polonca Hribovsek v. United Cerebral Palsy of New York City et al, No. 1463, 152849/17, 2022-05615, 2024 N.Y. Slip Op. 00377, 2024 WL 330884 (N.Y.A.D. 1 Dept., Jan. 30, 2024), the court, inter alia, affirmed the denial of defendant’s motion for summary judgment dismissing plaintiff’s hostile work environment claims. From the decision: Finally,…

Read More Hostile Work Environment Claims Survive Summary Judgment; Court Cites Accent Mocking and Excessive Monitoring
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In Pitter–Green v NYU Langone Medical Center, No. 1385, 155386/21, 2023-00123, 2024 N.Y. Slip Op. 00283, 2024 WL 234902 (N.Y.A.D. 1 Dept., Jan. 23, 2024), the court affirmed a lower court’s summary judgment dismissal of plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: Defendant…

Read More Hostile Work Environment Dismissal Affirmed; “One Offensive Remark” Held Insufficient
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In Cooper v. County of York, Civil No. 21-CV-01440, 2024 WL 183013 (M.D.Pa. Jan. 17, 2024), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s claim of age-based hostile work environment asserted under the Age Discrimination in Employment Act (ADEA). From the decision: Finally, York’s motion requests summary judgment on Cooper’s claims…

Read More Age-Based Hostile Work Environment Claim Dismissed on Summary Judgment
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