Hostile Work Environment

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In In re Cohen, No. 522119, 2017 WL 3176221, at *1 (N.Y. App. Div. July 27, 2017), the Appellate Division upheld the Unemployment Insurance Appeal Board’s (UIAB) adoption of an Administrative Law Judge’s finding that the claimant (a paralegal) was entitled to unemployment insurance benefits where she voluntarily left her employment in light of a…

Read More Unemployment Benefits Upheld Where Voluntary Departure Was Prompted by a “Hostile Work Environment”
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In Russell v. Cty. of Rockland, No. 15CV4296, 2017 WL 3189873 (S.D.N.Y. July 26, 2017), the court granted defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. The court summarized the law: In order…

Read More Citing Failure to Report Sexual Harassment, Court Grants Summary Judgment to Defendant on Correction Officer’s Hostile Work Environment Claims
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In Chavis v. Wal-Mart Stores, Inc., No. 15 CIV. 4288 (DC), 2017 WL 3037536 (S.D.N.Y. July 18, 2017), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s claim that she was subjected to a hostile work environment based on her religion. Specifically, plaintiff – an Asset Protection Manager at the Suffern Walmart…

Read More Walmart Awarded Summary Judgment on Religion-Based Hostile Work Environment Claim
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In Le v. New York State, No. 1:16-CV-1517, 2017 WL 3084414 (N.D.N.Y. July 18, 2017), the court dismissed plaintiff’s Title VII discrimination, hostile work environment, and retaliation claims. Plaintiff – a woman of Asian descent – alleged that “defendant has wrongly sided with, and failed to take corrective action against, plaintiff’s co-workers and supervisors, who…

Read More Court Dismisses “Perceived as Muslim” Title VII Discrimination Claim, Among Others
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In McLeod v. The Jewish Guild for the Blind, No. 15-2898-CV, 2017 WL 3049541 (2d Cir. July 19, 2017) (Summary Order), the Second Circuit vacated a lower court’s award of summary judgment to defendant employer on plaintiff’s sexual harassment hostile work environment claim. Among other things, the court reiterated that it is improper for a…

Read More 2d Circuit Vacates Summary Judgment for Defendant on Hostile Work Environment Claim; Warns Lower Courts That All Circumstances Must Be Considered
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In Kleinman v. Fashion Institute of Technology, No. 16 CIV. 4348 (KPF), 2017 WL 3016940 (S.D.N.Y. July 14, 2017) (J. Failla), the court, inter alia, dismissed plaintiff’s hostile work environment claim under the Americans with Disabilities Act. Initially, the court noted that while the “Second Circuit has not yet decided whether a hostile work environment…

Read More Court Dismisses ADA Hostile Work Environment Claim Against FIT
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In Falcon v. City University of New York, 15-cv-3421, 2017 WL 2982980, (E.D.N.Y. July 10, 2017), the court held that plaintiff sufficiently alleged a claim of retaliation under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has alleged sufficient facts to survive 12(b)(6) scrutiny regarding retaliation against her internal complaint…

Read More Title VII Retaliation Claim, Based on Internal/Informal Complaint, Survives Dismissal
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In Dineley v. Coach, Inc., No. 16-cv-3197 (DLC), 2017 WL 2963499 (S.D.N.Y. July 11, 2017), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim based on her disability (alcoholism). Initially, the court noted that while the Second Circuit has not yet decided whether the Americans with Disabilities Act (ADA) provides…

Read More Hostile Work Environment Claim, Based on Alcoholism Disability, Survives Summary Judgment
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In Batiste v. The City University of New York, No. 16-CV-3358 (VEC), 2017 WL 2912525 (S.D.N.Y. July 7, 2017) (J. Caproni), the court dismissed plaintiff’s discrimination, hostile work environment, and retaliation claims. Among other things, it held that plaintiff failed to exhaust her administrative remedies in the U.S. Equal Employment Opportunity Commission (EEOC). “To present a…

Read More Hostile Work Environment Claim Dismissed as Not Administratively Exhausted at the EEOC
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In a terse Summary Order captioned Leena Varughese, M.D. v. Mount Sinai Medical Center et al, No. 15-1328, 2017 WL 2889483 (2d Cir. July 7, 2017), the Second Circuit affirmed the lower court’s judgment dismissing plaintiff’s discrimination, hostile work environment, and retaliation claims. From the Order: Review of the record and relevant case law here…

Read More 2d Circuit, Citing Plaintiff’s “Unacceptable Behavior”, Affirms Dismissal of Doctor’s Discrimination Claims
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