Hostile Work Environment

In Yaghi v. Pioneer Bank, 16-cv-663, 2018 WL 4903226 (N.D.N.Y. Oct. 9, 2018), the court dismissed plaintiff’s claims of discrimination, retaliation, and hostile work environment. As to the plaintiff’s hostile work environment claim, the court explained: Even construing Plaintiff’s Amended Complaint and his arguments in opposition to summary judgment broadly, there are only two events…

Read More Title VII Hostile Work Environment Claim Dismissed; “Be Careful of Those Arabs” Comment Insufficient
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In Parsons v. JPMorgan Chase Bank, N.A., 16-CV-0408, 2018 WL 4861379 (E.D.N.Y. Sept. 30, 2018), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claims. Plaintiff alleged, for example, that she witnessed one person make disparaging comments about African-American employees’ hair and dress, and “listened to her direct…

Read More Race-Based Hostile Work Environment Claims Dismissed; Conduct Was Merely “Mildly Offensive”
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In Morris v. New York City Health and Hospital Corp., 09-CV-5692, 2018 WL 4762247 (E.D.N.Y. Sept. 30, 2018), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sexual harassment (hostile work environment) claim, with respect to one alleged harasser. As to plaintiff’s hostile work environment claim, the court explained: After assessing the…

Read More Sexual Harassment Claims Survive Summary Judgment Against NYC Health & Hospital Corp.
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From Kho v. New York and Presbyterian Hospital, 2018 WL 4759739 (S.D.N.Y. Sept. 30, 2018): The Hospital is entitled to summary judgment on Kho’s hostile work environment claims. These claims appear predicated on: (1) Holmes’ [plaintiff’s manager] comments regarding Kho’s accent and (2) occasions on which Holmes allegedly yelled at Kho. [T]he Court declines to…

Read More Court Explains Dismissal of Plaintiff’s Accent-Based Hostile Work Environment Claim
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From Gebrial Rasmy, Plaintiff, v. Marriott International, Inc., d/b/a JW Marriott Essex House Hotel, et al., Defendants., 2018 WL 4682231 (S.D.N.Y. Sept. 28, 2018): Plaintiff writes in his opposition brief that Efstratiou would tell Plaintiff, who he knew to be a devout Christian, that “God is garbage” and “Religions [are] for the stupid people,” but…

Read More Court Dismisses Christian’s “Anti-Religion” Discrimination/Hostile Work Environment Claim; Comments Not Made Directly to Plaintiff Deemed “Stray Remarks”
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In Maines et al v. Last Chance Funding, Inc. d/b/a The LCF Group et al, 2018 WL 4558408 (E.D.N.Y. Sept. 25, 2018), the court clarified the standard for imposing liability on individual defendants under the New York State Human Rights Law (NYSHRL), N.Y. Executive Law § 290 et seq. The statute, explained the court, provides for…

Read More Court Explains Standard for Individual Liability for a Hostile Work Environment Under the New York State Human Rights Law
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In Maines et al v. Last Chance Funding, Inc. d/b/a The LCF Group et al, 2018 WL 4558408 (E.D.N.Y. Sept. 21, 2018), the court, inter alia, held that one plaintiff (Alexandre) sufficiently stated a claim for hostile work environment based on gender in a proposed amended complaint.[1]The court also held that this particular plaintiff also sufficiently alleged…

Read More Hostile Work Environment Claim Sufficiently Alleged; Claims Include Inappropriate Touching and Viewing Pornography
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As you may know, SCOTUS nominee Brett Kavanaugh stands accused of engaging in sexual misconduct against one, and possibly several, women, including Dr. Christine Blasey Ford. The allegations are based on conduct that allegedly occurred decades ago. This, predictably, has resulted in significant discussions, on social media and likely elsewhere, about the nature and likely…

Read More The Dangers of Failing to Report Workplace Sexual Harassment
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In Wolfe-Santos v NYS Gaming Com’n, No. 160963/16, 2018 WL 4350325, at *4, 2018 N.Y. Slip Op. 32247(U), 4 (Sup Ct, New York County Sep. 12, 2018), the court dismissed plaintiff’s hostile work environment claims under the NYS and NYC Human Rights Laws. Initially, the court explained the legal standards for such claims: A hostile work…

Read More Hostile Work Environment Claims Dismissed Against NYS Gaming Commission
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