Hostile Work Environment

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In Akinde v. New York City Health & Hosps. Corp., 2019 NY Slip Op 01493 (App. Div. 1st Dept. Feb. 28, 2019), the court unanimously affirmed the dismissal of plaintiff’s discrimination and hostile work environment claims on statute-of-limitations grounds, and of plaintiff’s retaliation claim on the merits. As to the former, the court explained: Plaintiff’s…

Read More Hostile Work Environment Claim Dismissal, on Statute of Limitations Grounds, Affirmed
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In Page v. Half Hollow Hills Central School District, 16-cv-4710, 2019 WL 764748, (E.D.N.Y. Feb. 20, 2019), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s hostile work environment claim on the ground that plaintiff did not address that claim in his papers opposing the motion. Here, defendants sought summary judgment on…

Read More Hostile Work Environment Claim, Unaddressed in Summary Judgment Opposition, Deemed Abandoned
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From Lawtone-Bowles v. City of New York, 2019 WL 652593 (S.D.N.Y. 2019): [Plaintiff] alleges little more than a few stray remarks. “Big Daddy” and “cabbage patch baby” bear no facial connection to any protected characteristic. Rubin v. Abbott Labs., 2015 WL 5679644, at *8 (S.D.N.Y. Sept. 23, 2015). A single excited utterance of the pejorative…

Read More “Big Daddy” and Other Remarks Were Insufficient to Plausibly Allege a Hostile Work Environment
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In Nokaj v. North East Dental Management, LLC et al, 16-cv-3035, 2019 WL 634656 (S.D.N.Y. Feb. 14, 2019), the court (inter alia) denied defendant’s motion for summary judgment on plaintiff’s claim of “aiding and abetting” discrimination (sexual harassment) under the New York State Human Rights Law. The court holds that plaintiff may maintain an “aiding…

Read More Aiding & Abetting Sexual Harassment Claim, Based on Supervisor Inaction, Survives Summary Judgment
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From Petterson v. State University of New York at Stony Brook, 2019 WL 367840, at *7 (E.D.N.Y. Jan. 30, 2019): While the alleged statements, such as “Barbara’s bush” and “sucking dick” by themselves are insufficient to show a hostile work environment, when coupled with the other evidence presented, a jury could conclude that Plaintiff was subjected…

Read More Hostile Work Environment Claim Survives Summary Judgment; Court Cites Derogatory Terms and Threatening Behavior
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In Canosa v. Harvey Weinstein et al, 2019 WL 498865 (S.D.N.Y. 2019), the court, inter alia, clarified that sexual harassment is a form of “discrimination” under federal law (Title VII of the Civil Rights Act of 1964) and the New York State and City Human Rights Laws, and does not constitute an independent common-law tort.…

Read More Sexual Harassment is a Statutory Claim, Not a Common-Law Tort, Court Explains
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In Saudagar v. Walgreens Co. and Duane Reade Inc., 2019 WL 498349 (S.D.N.Y. Feb. 8, 2019), the court (inter alia) applied the “election of remedies” doctrine to dismiss plaintiff’s discrimination claim under the New York City Human Rights Law. The court explained that under this doctrine, “a complainant who files a complaint with either the…

Read More “Election of Remedies” Doctrine Bars NYC Human Rights Law Hostile Work Environment Claim
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In Sims v Trustees of Columbia University, No. 156566/13, 8262, 2019 N.Y. Slip Op. 00672, 2019 WL 385366 (N.Y.A.D. 1 Dept., Jan. 31, 2019), the Appellate Division, First Department held that the lower court properly dismissed plaintiff’s discrimination and retaliation, but not plaintiff’s hostile work environment, claims. As to plaintiff’s hostile work environment claims, the court…

Read More “Bubbles” Chimp Hostile Work Environment Claim Resurrected From Summary Judgment Dismissal
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In Daeisadeghi v. Equinox Great Neck, Inc., 16-CV-01698, 2019 WL 331637 (E.D.N.Y. Jan. 25, 2019), the court, inter alia, dismissed on summary judgment plaintiff’s national origin-based hostile work environment claim. This case teaches, among other things, that even “insulting” conduct does not necessarily result in the establishment of a hostile work environment claim. From the decision:…

Read More Hostile Work Environment Claim Dismissed Against Equinox
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In Diallo v. Whole Foods Market Group, Inc., 2019 WL 140728 (S.D.N.Y. Jan. 9, 2019), the court, inter alia, adopted a Magistrate Judge’s recommendation to deny defendant’s motion for summary judgment on plaintiff’s hostile work environment claim. From the decision: As to the merits, Whole Foods’ argument on the hostile work environment claim presents a…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment
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