Employment Discrimination

In White v. Aldridge Electric, Inc., 21-cv-01872, 2022 WL 1003765 (E.D.Pa. April 4, 2022), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s claim of disability discrimination asserted under the Americans with Disabilities Act. In sum, plaintiff alleged that he was treated differently, and fired, because of his medical conditions (chronic pain…

Read More Disability Discrimination Claim Dismissed; “Piece of Shit” Comment Was “Neutral”
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In Franks v. Edison Electric Institute, 20-cv-3393, 2022 WL 971157 (D.D.C. March 31, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim. It explained: Plaintiff’s hostile work environment claims are all rooted in Plaintiff’s relationship with her supervisor, Kathy Steckelberg, and the actions Steckelberg took against her. Franks points to, for example, Steckelberg’s…

Read More “Silent Treatment” Etc. Did Not Amount to Hostile Work Environment, Court Holds
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In Pascua v. Jewel Food Stores, Inc., 20 C 2510, 2022 WL 1045639 (N.D.Ill. April 7, 2022), the court granted defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law – including the element that the alleged…

Read More Title VII Sex-Based Hostile Work Environment Claim Dismissed; “Rude” and “Unprofessional” Behavior Was Insufficiently Connected to Gender
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In Clayton v. Dreamstyle Remodeling of Colorado, LLC, 20–cv–02096, 2022 WL 910957 (D.Colo. March 28, 2022), the court, inter alia, held that plaintiff’s hostile work environment sexual harassment claim, asserted under Title VII of the Civil Rights Act of 1964, survived summary judgment. From the decision: To defeat a motion for summary judgment, the plaintiff…

Read More Sexual Harassment Claim Survives Summary Judgment; Evidence Included Sexual Comments, Photographs
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In Kinwing (Ricky) Kwong v. The City of New York et al., No. 152932/13, 15574, 2021-00645, 2022 N.Y. Slip Op. 02342, 2022 WL 1038073 (N.Y.A.D. 1 Dept., Apr. 07, 2022), the court, inter alia, affirmed the lower court’s denial of defendants’ motion for summary judgment on plaintiff’s hostile work environment claims. From the decision: The…

Read More Hostile Work Environment Claims, Based on Mocking of Accent, May Proceed
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In Friederick v. Passfeed, Inc., Attila Sary et al, 21-cv-2066, 2022 WL 992798 (S.D.N.Y. March 31, 2022), the court, inter alia, held that plaintiff sufficiently alleged quid pro quo sexual harassment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. In…

Read More Sexual Harassment Claims Sufficiently Alleged, Based on Rejection of Supervisor’s Alleged Sexual Advances
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In Olin v. Rochester City School District, 2022 WL 967707 (W.D.N.Y. March 31, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. In evaluating plaintiff’s discriminatory-demotion claims, the court applied the…

Read More Gender-Based Discriminatory-Demotion Claim, Arising From Alleged “Selective Enforcement” of Lunch Break Regulation, Survives Summary Judgment
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In Campo v. City of New York et al, 2022 WL 970730 (E.D.N.Y. March 31, 2022), the court, inter alia, denied defendants’ motion for summary judgment as to several claims, including plaintiff’s “supervisory liability” claim against several individual defendants in connection with her sexual harassment claim. This decision is instructive as to how courts assess…

Read More Sexual Harassment (Hostile Work Environment) Claim Proceeds Against Individual Defendant on “Aiding and Abetting” / “Negligent Supervision” Theory
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In Fitzgerald v. The We Company d/b/a WeWork et al, 20 Civ. 5260, 2022 WL 952963 (S.D.N.Y. March 30, 2022), the court, inter alia, granted defendants’ motion for summary judgment dismissing plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, Fitzgerald describes…

Read More Sexual Harassment (Hostile Work Environment) Claim Dismissed; “Vulgar and Inappropriate” Conduct Did Not Meet Title VII Standard
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In Alshami v. City University of New York, No. 15573, 160183/19, 2021-03967, 2022 N.Y. Slip Op. 02053, 2022 WL 867839 (N.Y.A.D. 1 Dept., Mar. 24, 2022), the court held that plaintiff sufficiently alleged discrimination based on national origin (Yemeni), hostile work environment, and retaliation in violation of the New York State Human Rights Law. From…

Read More National Origin (Yemeni) Discrimination, Hostile Work Environment, Retaliation Claims Sufficiently Alleged Against CUNY
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