Hostile Work Environment

A recent Second Circuit case, Boyar v. Janet L. Yellen, Secretary of the Department of the Treasury, Internal Revenue Service, 2022 WL 120356 (2d Cir. Jan. 13, 2022), illustrates a key point in employment discrimination law: namely, that a “work environment” that is or may be “hostile” in the ordinary, dictionary sense is not necessarily…

Read More Hostile Work Environment Claim Dismissal Against IRS Affirmed
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In Lax v. The City University of New York, 20-3906-cv, 2022 WL 103315 (2d Cir. Jan. 11, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s claim of a religion-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In order to establish a hostile…

Read More CUNY Professor’s Religion-Based Hostile Work Environment Claim Dismissal Affirmed
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In Quinones v. City of Binghamton et al, No. 3:19-cv-1460,  2022 WL 43764 (N.D.N.Y. Jan. 5, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of a race-based hostile work environment asserted pursuant to 42 U.S.C. § 1981. After summarizing the “black letter” law governing plaintiff’s hostile work environment claim, the court…

Read More Hostile Work Environment Claim, Based on Anti-Hispanic Ridicule, Sufficiently Alleged
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In Honey v. Dover Downs, Inc., No. C.A. No. 19-1646-TMH, 2021 WL 6197082 (D.Del. Dec. 9, 2021), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. The court summarized the five elements that a plaintiff must prove in order to establish a hostile work environment claim…

Read More Sexual Harassment Hostile Work Environment Claim Survives Summary Judgment; Alleged Conduct Included Bodily Contact and Vulgar Comments
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In Brooks v. Prevention Point, No. 20-06379, 2021 WL 6125205 (E.D.Pa. Dec. 28, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim. (The court did, however, hold that plaintiff sufficiently alleged a “disparate treatment” race discrimination claims.) From the decision: Courts have dismissed hostile work environment claims where there is single, non-severe incident.…

Read More Race-Based Hostile Work Environment Claims Dismissed; Alleged “Badgering” Insufficient
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In Roxanne Mongillo et al. v. Town Fair Tire Centers, Inc., NNHCV206107390, 2021 WL 5911661 (Conn. Super. Dec. 6, 2021), the court, inter alia, denied defendant’s motion to strike plaintiff’s claim of disability-based hostile work environment. From the decision: The plaintiff’s allegations of repeated verbal and physical abuse, when considered cumulatively, are sufficiently frequent, severe,…

Read More Hostile Work Environment Claim Sufficiently Alleged; Allegations Include Use of “Retard” Slur
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In Qorrolli v. Metropolitan Dental Associates, D.D.S. – 225 Broadway, P.C. et al, No. 18-cv-6836, 2021 WL 6064520 (S.D.N.Y. Dec. 22, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment (sexual harassment) claims. Plaintiff (a dental hygienist) asserts, in sum and among other things, that the male…

Read More Sex-Based Hostile Work Environment Claims Survive Summary Judgment Against Dental Practice
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In Bradshaw v. City of New York, No. 1486 8, 2021-01234, 2021 N.Y. Slip Op. 07060, 2021 WL 5930827 (N.Y.A.D. 1 Dept., Dec. 16, 2021), the Appellate Division, First Department unanimously affirmed the dismissal of plaintiff’s employment discrimination claims on the ground of “res judicata”. From the decision: Plaintiff’s claims for gender discrimination, hostile work…

Read More Gender Discrimination, Hostile Work Environment, Retaliation Claims Held Properly Dismissed on “Res Judicata” Grounds
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In Sharp v. S&S Activewear, LLC, 2021 WL 5826310 (D.Nev. Dec. 8, 2021), the court, inter alia, dismissed plaintiff’s claim of a sexually hostile work environment asserted under Title VII of the Civil Rights Act of 1964. In sum, Plaintiffs allege that while they worked at Defendant’s warehouse, Defendant permitted managers and some employees to…

Read More Sexual Harassment Claim, Based on Alleged Misogynistic Warehouse Music, Insufficiently Alleged
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In Campbell v. New York City Department of Education et al, No. 14634, 2020-02035, 32672/18E, 2021 N.Y. Slip Op. 06918, 2021 WL 5828645 (N.Y.A.D. 1 Dept., Dec. 09, 2021), the court, inter alia, held that plaintiff sufficiently a claim of race-based hostile work environment under the New York City Human Rights Law (NYCHRL). This decision…

Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged Against NYC Dept. of Education Under City Law
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