Constructive Discharge

In Hortas v. Weill Cornell Medical College, No. 162604/2019, 2022 WL 17325643 (N.Y. Sup Ct, New York County Nov. 29, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s constructive discharge/sexual harassment/hostile work environment claim on timeliness grounds. From the decision: A liberal reading of plaintiff’s complaint shows she alleged sexual harassment by…

Read More Constructive Discharge Claim, Based on Allegations of Hostile Work Environment/Sexual Harassment, Sufficiently Alleged
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In Chapman v. Oakland Living Center, Inc., No. 20-2361, 2022 WL 3954456 (4th Cir. Aug. 30, 2022), the  U.S. Court of Appeals for the Fourth Circuit, inter alia, vacated a lower court’s award of summary judgment to defendant on plaintiff’s race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of…

Read More Hostile Work Environment Claim, Based on Racial Slur by Child Who Was Supervisor’s 6-Year-Old Son (and Owner’s Grandson), Survives Summary Judgment
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In Black v. Buffalo Meat Service, Inc., d/b/a Boulevard Black Angus, 21-1468, 2022 WL 2902693 (C.A.2 July 22, 2022), the court affirmed the lower court’s award of summary judgment dismissing plaintiff’s race-based hostile work environment and constructive discharge claims. From the decision: Next, even assuming Black has standing to pursue her constructive discharge claims, we…

Read More Single Racial Slur Insufficient to Establish Hostile Work Environment or Constructive Discharge, Second Circuit Holds
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In Sherman v. Kendall, CIV-21-484-F, 2022 WL 1094617 (W.D.Okla. April 12, 2022), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment and constructive discharge claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: Upon review, the court again concludes that Sherman has failed to…

Read More Lack of Racial Motivation Dooms Hostile Work Environment, Constructive Discharge Claims
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In Long v. Aerotek, Inc. et al, No. 531638, 2022 N.Y. Slip Op. 00915, 2022 WL 398863 (N.Y.A.D. 3 Dept., Feb. 10, 2022), the court, inter alia, affirmed the denial of defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment claim asserted under the New York State Human Rights Law. The court began…

Read More Sexual Harassment, Hostile Work Environment, Constructive Discharge Claims Survive Summary Judgment Claims Survive Summary Judgment
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In Chandler v. La-Z-Boy, Inc., No. 5:21-cv-05101-JMG, 2022 WL 348169 (E.D.Pa. Feb. 4, 2022), the court granted defendants’ motion to dismiss plaintiff’s discrimination/constructive discharge and hostile work environment claims asserted under 42 U.S.C. § 1981. Plaintiff alleges, inter alia, that three weeks into her employment, she was called a “colored girl” by her manager, and…

Read More Constructive Discharge Claim, Based on “Colored Girl” Comment, Fails
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In Byer v. Periodontal Health Specialists of Rochester, PLLC et al, 2021 WL 3276725 (2d Cir. August 2, 2021) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the lower court’s order dismissing her claim of constructive discharge. (The court did, however, vacate the dismissal of plaintiff’s hostile work environment…

Read More Citing Praise of Boss and Voluntary Extension of Employment, Court Affirms Dismissal of Constructive Discharge Claim
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In Bernstein v. New York City Department of Education, 2020 WL 6564809 (S.D.N.Y. Nov. 9, 2020), the court, inter alia, dismissed plaintiff’s age-based hostile work environment and (related) constructive discharge claims. From the decision: First, a school system is entitled to ask a teacher when she plans to retire without automatically creating an inference that…

Read More Hostile Work Environment & Constructive Discharge Claims Dismissed Against NYC Dept. of Education
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In Angulo v. 36th Street Hospitality LLC, 2020 WL 4936961 (S.D.N.Y. August 24, 2020), a sexual harassment/hostile work environment case, the court adopted the Magistrate Judge’s Report & Recommendation (R&R) of damages to be awarded following the defendant’s default. Plaintiff’s allegations, as summarized by the court, are as follows: Plaintiff previously worked as a waitress…

Read More Sexual Harassment Plaintiff’s Damage Award Adopted by Court
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In Kilcullen v. The New York and Presbyterian Hosp., No. 650470/2015, 2020 WL 4048130 (N.Y. Sup Ct, New York County July 15, 2020), the court granted defendant’s motion for summary judgment and dismissed plaintiff’s claims of retaliatory discharge in violation of New York’s whistleblower laws (Labor Law 740, 741), as well as constructive discharge. In…

Read More Whistleblower Claims Dismissed; Employer’s Refusal to Accept Resignation Retraction Not an “Adverse Employment Action”
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