Hostile Work Environment

In Gilbert v. Stony Brook University et al, 2022 WL 409716 (E.D.N.Y., 2022), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claim. From the decision: To state a claim for a hostile work environment in violation of Title VII [or Section 1983], a plaintiff must plead facts that would…

Read More Sex-Based Hostile Work Environment Claim Dismissed Against Stony Brook University
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In Brown v. Montefiore Medical Center, 19-CV-11474, 2022 WL 392313 (S.D.N.Y. February 9, 2022), the court, inter alia, denied plaintiff’s motion to amend his complaint – which alleged employment (race) discrimination, hostile work environment, and retaliation – to allege constructive discharge stemming from a hostile work environment claim. (In a prior decision, dated March 25,…

Read More Request to Amend Race Discrimination Complaint to Add Constructive Discharge Claim Denied as “Futile”
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In Long v. Aerotek, Inc. et al, No. 531638, 2022 N.Y. Slip Op. 00915, 2022 WL 398863 (N.Y.A.D. 3 Dept., Feb. 10, 2022), the court, inter alia, affirmed the denial of defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment claim asserted under the New York State Human Rights Law. The court began…

Read More Sexual Harassment, Hostile Work Environment, Constructive Discharge Claims Survive Summary Judgment Claims Survive Summary Judgment
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In Chandler v. La-Z-Boy, Inc., No. 5:21-cv-05101-JMG, 2022 WL 348169 (E.D.Pa. Feb. 4, 2022), the court granted defendants’ motion to dismiss plaintiff’s discrimination/constructive discharge and hostile work environment claims asserted under 42 U.S.C. § 1981. Plaintiff alleges, inter alia, that three weeks into her employment, she was called a “colored girl” by her manager, and…

Read More Constructive Discharge Claim, Based on “Colored Girl” Comment, Fails
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In Gurley v. David H. Berg & Associates d/b/a Berg & Androphy et al, 20 Civ. 9998, 2022 WL 309442 (S.D.N.Y. Feb. 2, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim for a race-based hostile work environment under the New York City Human Rights Law. This case illustrates the difference between…

Read More Race-Based Hostile Work Environment Claim Survives Under NY City, But Not Federal and NY State, Law
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In Matsko v. New York, 2022 WL 137724 (N.D.N.Y. Jan. 14, 2022), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s claim of sexual harassment under Title VII of the Civil Rights Act of 1964. Here, the sexual harassment was alleged to have been committed by a non-supervisor; accordingly, the alleged wrongful…

Read More Sexual Harassment Claim, Based on Conduct by Non-Supervisor, Dismissed; Employer Not Shown to be Negligent in Controlling Working Conditions
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In a recent case, Stevenson v. New York State Department of Corrections and Community Supervision et al, 2022 WL 179768 (W.D.N.Y. Jan. 20, 2022), the court, inter alia, held that plaintiff sufficiently alleged a retaliatory hostile work environment claim. From the decision: Defendants Sticht, Balcer, and Yehl assert that the Complaint lacks any plausible allegations…

Read More “Retaliatory Hostile Work Environment” Claim Survives Dismissal
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In Joyce v. Remark Holdings, Inc. et al, 2022 WL 179839 (S.D.N.Y. Jan. 20, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the New York City Human Rights Law. From the decision: Joyce points to three specific instances to argue that Tao created a hostile work environment. First, when Joyce…

Read More Hostile Work Environment Claim Dismissed; Limited Interactions With Alleged HWE Creator
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In Sedhom v. SUNY Downstate Medical Center, et al., No. 15080, 1555837/17, 2020-04443, 2022 N.Y. Slip Op. 00292, 2022 WL 150794 (N.Y.A.D. 1 Dept., Jan. 18, 2022), the court unanimously affirmed the dismissal of plaintiff’s age-based discrimination and hostile work environment claims. In sum, plaintiff contends that defendants discriminated against her and terminated her employment on the…

Read More Age Discrimination Claims Dismissed Against SUNY Downstate Medical Center
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In Samuel v. Devachan Hair and Spa, Inc., No. 150598/2020, 2022 WL 103412 (N.Y. Sup Ct, New York County Jan. 05, 2022), the court, inter alia, held that plaintiff sufficiently alleged a “hybrid” – here, race-plus-gender – discrimination claim asserted under the New York City Human Rights Law. From the decision: Defendants move to dismiss…

Read More Race-Plus-Gender Claim Survives Dismissal Under NYC Human Rights Law
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