Hostile Work Environment

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In Martin v. New York State et al, 17-cv-9721, 2019 WL 2053992 (S.D.N.Y. May 9, 2019), the court, inter alia, dismissed plaintiff’s sexual harassment claim based on the conduct of a non “supervisor.” The court’s decision turned on that branch of the law providing that “[w]hen the harassment is perpetrated by a non-supervisory coworker, an…

Read More Court Dismisses Sexual Harassment Claim Based on Conduct By Non-Supervisor
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A recent decision, Dotson v. City of Syracuse et al, 18-cv-750, 2019 WL 2009076 (N.D.N.Y. May 7, 2019), underscores that so-called “hostile work environment” claims require more than simply “derogatory”, “boorish”, or “offensive” language. The court summarized the well-established law applicable to plaintiff’s hostile work environment claim: In determining whether conduct constitutes a hostile work…

Read More Derogatory, Boorish Language Did Not Give Rise to Hostile Work Environment
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In McCullough v. John T. Mather Hospital of Port Jefferson, New York, Inc., 16-cv-4968, 2019 WL 1755436 (EDNY April 19, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim. It summarized the law as follows: Title VII and NYSHRL prohibits an employer from discriminating against an employee on the basis of race, color,…

Read More Hostile Work Environment Claims Dismissed; “Inappropriate” Comments Were Insufficiently Severe, and Not Tied to Protected Status
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In Anderson v. NYC Health and Hospitals (Coney Island Hospital), 2019 WL 1765221 (E.D.N.Y. April 22, 2019), the court, inter alia, held that plaintiff failed to state a claim for hostile work environment under Title VII of the Civil Rights Act of 1964. It summarized the (well-established) law as follows: In order to prevail on…

Read More Hostile Work Environment Claim Dismissed; Amended Complaint Failed to Allege Specifics
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In Torres v. City of New York, 2019 WL 1765223 (S.D.N.Y. April 22, 2019), the court, inter alia, dismissed plaintiff’s employment discrimination and hostile work environment claims. From the decision: The Complaint describes two incidents in which Chu made disparaging remarks in Plaintiff’s presence over the course of two years. The first incident occurred in…

Read More Court Dismisses NYPD Officer’s Discrimination, Hostile Work Environment Claims
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In Fields v The Dept. of Educ. of the City of New York, No. 154283/2016, 2019 WL 1580151, at *3, 2019 N.Y. Slip Op. 30955(U) (N.Y. Sup Ct, New York County Apr. 12, 2019), the court dismissed plaintiff’s hostile work environment claim because it was not included in plaintiff’s Notice of Claim, and therefore plaintiff…

Read More Hostile Work Environment, Discrimination Claims Dismissed Against NYC Dept. of Education
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From Morales v. Bottling Group, LLC, 16-cv-6597L, 16-cv-6600L, 2019 WL 1593418 (W.D.N.Y. April 15, 2019): Morales fails to demonstrate that any of the alleged conduct was racially motivated. Regarding Flaherty’s “verbal insult,” Morales’s own testimony suggests he did not perceive it to be racially motivated at the time, (Dkt. # M31-5 at 27) (explaining that…

Read More Hostile Work Environment Claim Dismissed; “Job Criticism” Insufficient
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From Felder v. United States Tennis Association, 2019 WL 1517511, at *3 (S.D.N.Y. April 8, 2019): To succeed on a hostile work environment claim, a plaintiff must show that “the workplace was so severely permeated with discriminatory intimidation, ridicule, and insult that the terms and conditions of her employment was thereby altered.” Alfano v. Costello,…

Read More Hostile Work Environment Claim Dismissed; Doctrine Inapplicable Where Plaintiff Was Not Hired
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In Davis-Garett v. Urban Outfitters, Incorporated, 17-3371-cv, 2019 WL 1510428 (2d Cir. April 8, 2019), the U.S. Court of Appeals for the Second Circuit vacated a district court’s dismissal of plaintiff’s age discrimination, hostile work environment, and retaliation claims against Urban Outfitters under, e.g., the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§…

Read More 2d Circuit Vacates Dismissal of Age Discrimination, Including Hostile Work Environment, Claims Against Urban Outfitters/Anthropologie
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In Doe v. Solera Capital LLC, 18-cv-1769, 2019 WL 1437520 (S.D.N.Y. March 31, 2019) – in which plaintiff alleges employment discrimination and a hostile work environment on the basis of race and plaintiff’s status of a survivor of domestic violence, retaliation, and failure to pay overtime – the court, inter alia, dismissed defendant’s counterclaim alleging…

Read More “Faithless Servant” Counterclaim Dismissed; Alleged Wrongdoing Insufficient
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