Hostile Work Environment

In Green v. Denis McDonough, Secretary, U.S. Department of Veterans Affairs, 2022 WL 17330852 (W.D.Tex. Nov. 28, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliatory hostile work environment claim. Initially, the court held that plaintiff sufficiently alleged a causal connection between his engaging in protected activity and the alleged harassment. On…

Read More Retaliatory Hostile Work Environment Sufficiently Alleged Against VA
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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 Laurent-Workman v. Wormuth, No. 21-1766, 2022 WL 17256701 (4th Cir. Nov. 29, 2022), the U.S. Court of Appeals for the Fourth Circuit, inter alia, vacated a lower court order dismissing plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: The district court concluded…

Read More Race-Based Hostile Work Environment, Based on an Alleged “Series of Hateful Workplace Encounters,” Sufficiently Alleged
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In Lockett v. Target Corporation, 3:20-CV-00191 (SVN), 2022 WL 17127292 (D.Conn. Nov. 22, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. After summarizing the applicable “black letter” law regarding…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Offensive Music Played
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In Sheerer v. Angiodynamics, 2022 WL 17074913 (Sup. Ct. Warren Cty. Nov. 18, 2022), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s disability-based hostile work environment claim. From the decision: Insofar as the third cause of action is concerned, “[a] hostile work environment claim requires proof of a workplace ‘permeated with…

Read More Hostile Work Environment Claim, Based on Alleged Conduct by “Bully”, Dismissed on Summary Judgment
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In Klymn v. Monroe County Supreme Court et al, 2022 WL 16950048 (W.D.N.Y. Nov. 15, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted against a former New York State Supreme Court Judge. As to the sufficiency of the allegations, the court explained: Lastly, having…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal Against Former Judge; Acts Dating Back to 2005 May be Considered
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In Taylor v. Kaiser Foundation Health Plan of Colorado, No. 21-cv-00012-NYW-NRN, 2022 WL 16855697 (D.Colo. Nov. 10, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of a race-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: The Court finds that…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment, Notwithstanding Lack of “Overt” Racial Statements or Slurs
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In Estevez v. Berkeley College et al, 2022 WL 16843460 (2d Cir. Nov. 10, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s sex-based hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the decision: With respect to the Employees’…

Read More 2nd Circuit Affirms Dismissal of Hostile Work Environment Claims Against Berkeley College
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In a recent case, Martino v. Chenel Capital, LLC et al, No. 154267/2022, 2022 WL 16743358 (N.Y. Sup Ct, New York County Nov. 02, 2022), the court granted plaintiff’s motion for a default judgment against defendants. This decision provides some insight into the nuts-and-bolts of obtaining a default judgment, following the defendants’ failure to answer…

Read More Sexual Harassment Default Judgment Issued; Liability and Damages to be Determined at Inquest
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