Hostile Work Environment

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In Amaya v. Ballyshear LLC et al, 17-cv-1596, 2018 WL 1319003 (EDNY March 14, 2018), the court held, inter alia, that plaintiff (an Ecuadorian woman amd member of the Hispanic race) sufficiently alleged a race-based hostile work environment claim based on anti-Hispanic epithets. The court explained: [T]o survive a motion to dismiss, “a plaintiff need…

Read More Hostile Work Environment Claim Stated Under 42 U.S.C. § 1981 Based on Racial Epithets
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In Annelise Osborne, Plaintiff, v. Moody’s Investors Service, Inc. and Nick Levidy in his official and individual capacities, Defendants, 17-cv-01859, 2018 WL 1441392 (S.D.N.Y. March 22, 2018), the court dismissed plaintiff’s hostile work environment claims under federal and state law, but permitted those claims to proceed under the New York City Human Rights Law. The…

Read More Hostile Work Environment Claim Against Moody’s Survives Under City Law, But Not Federal and State Law
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From D’Antonio v. Little Flower Children & Family Services of New York et al, 17-cv-1221, 2018 WL 1385897 (E.D.N.Y. March 19, 2018): This Court is persuaded by Judge Lynch’s reasoning in Collette, and based on the facts presented in this case, holds that Plaintiff’s hostile work environment and retaliation claims under Title VII and Section…

Read More NY Whistleblower Law’s Election-of-Remedies Provision Does Not Preclude Hostile Work Environment and Retaliation Claims, Court Holds
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In Stoica v. Phipps, 2018 WL 1226045 (N.Y. Sup. Ct. N.Y. Cty. Index No. 153834/2017, March 8, 2018) (J. Lebovits), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment sexual harassment claims under the New York State and City Human Rights Laws.[1]It also held that plaintiff sufficiently alleged various other claims, including…

Read More Nanny Sufficiently Alleges Hostile Work Environment / Sexual Harassment; Claims Were Not “Too Outrageous and Incredible to be Believed”
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In Graham v. Goodwill Industries, Inc., 16-cv-6468, 2018 WL 1318988 (EDNY March 14, 2018), the court held, inter alia, that it did not have subject matter jurisdiction over plaintiff’s sexual harassment claims under the New York State and City Human Rights Laws.[1]The court also, inter alia, dismissed plaintiff’s hostile work environment claims under Title VII of…

Read More Federal Court Lacked Subject Matter Jurisdiction Over Sexual Harassment Claims Adjudicated at State Agency
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In Hill v. Frontier Telephone of Rochester, Inc., 2018 WL 1256220 (W.D.N.Y., 2018) – a race discrimination/hostile work environment case – the court dismissed plaintiff’s case, finding that there was no issue of fact as to whether the alleged harasser’s conduct could be imputed to the employer. The court explained the law: Where, as here,…

Read More Co-Worker’s Harassment Not Imputed to Employer; Employer’s Response Held Sufficient
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In Watkins v. First Student, Inc., 2018 WL 1135480 (S.D.N.Y. Feb. 28, 2018), the court dismissed plaintiff’s race- and gender-based hostile work environment claims. Here, those claims faltered – as many do – because the alleged “hostility” was not due to plaintiff’s protected class(es). From the decision: Taking the allegations of the Complaint, the May…

Read More Hostile Work Environment Claims Against First Student, Inc. Fail Due to Lack of Connection Between Alleged Bullying Etc. and Protected Class(es)
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In Montanez v. McDean LLC, No. 16-cv-447, 2018 WL 1183688 (N.D.N.Y. March 6, 2018), the court granted defendant’s motion for summary judgment as to plaintiff’s hostile work environment sexual harassment claim, asserted under Title VII of the Civil Rights Act of 1964. After explaining the legal standard for making out a hostile work environment claim,…

Read More Sexual Harassment Claim Dismissed; “Quickly Rebuffed” “Suggestive Remarks” Insufficient
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In Perry v. Captain Robert Slensby, 16-cv-8947, 2018 WL 1136922 (S.D.N.Y. Feb. 28, 2018), the U.S. District Court for the Southern District of New York denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. The facts, in (very brief) part: Plaintiff reports that on one occasion during their night shift Defendant said…

Read More Male-on-Male Sexual Harassment Claim Survives Dismissal; Court Cites Vulgar Comment and Physical Touching
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In Coello v. The Riese Organization Inc., 2018 WL 1051730 (N.Y.Sup.), 2-3, 2018 N.Y. Slip Op. 30309(U) (N.Y. Sup. Ct. Bx. Cty. jan. 5, 2018), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of race discrimination, retaliation, and hostile work environment under the New York State and City Human Rights…

Read More Race Discrimination, Hostile Work Environment, and Retaliation Claims Continue Against The Riese Organization
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