Hostile Work Environment

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In Madrigal v. Montefiore Medical Center et al., No. 12306, 2020-00608, 307949/10E, 2021 N.Y. Slip Op. 00526, 2021 WL 329412 (N.Y.A.D. 1 Dept., Feb. 02, 2021), the court, inter alia, affirmed a jury verdict for plaintiff on her battery, employment discrimination, hostile work environment/sexual harassment, and retaliation claims. From the decision: The evidence at trial…

Read More Sexual Harassment, Battery, Discrimination, and Retaliation Jury Verdict Upheld Against Montefiore Medical Center
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In Crews v. The City of Ithaca et al, 2021 WL 257120 (N.D.N.Y. Jan. 26, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim – which was based, in part, on plaintiff’s co-workers creating a fake ID that included Plaintiff’s picture with the name “McLovin” printed on the ID (which was a reference to…

Read More “McLovin” Fake ID, While Inappropriate, Did Not Give Rise to a Hostile Work Environment Claim
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In Thompson v. Corizon Health, Inc., et al, 18 Civ. 7139, 2021 WL 105767 (S.D.N.Y. Jan. 12, 2021), the court, inter alia, held that plaintiff presented enough facts to survive summary judgment on her sexual harassment claim under the New York City Human Rights Law. From the decision: The parties do not dispute that Plaintiffs…

Read More Sexual Harassment Case, Arising From Inmate Harassment, Survives Summary Judgment
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In Gilbert v. Indeed, Inc., et al., 2021 WL 169111 (S.D.N.Y. Jan. 19, 2021), the court, inter alia, granted defendant Indeed’s motion to compel arbitration of plaintiff’s sexual harassment claims. Plaintiff’s complaint contains allegations of horrific sexual harassment, including rape. In addressing the enforceability, under New York law, of an agreement to arbitrate statutory discrimination…

Read More Court Compels Arbitration of Sexual Harassment Claims Against Indeed
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In Kunik v. N.Y.C. Dep’t of Educ., 20-741-cv (2d Cir. Jan. 15, 2021) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s age and religion-based hostile work environment and constructive discharge claims. From the Order: The district court correctly determined that Kunik’s amended complaint failed to state a claim for hostile work environment…

Read More Hostile Work Environment Claims Properly Dismissed; Reliance on Defendants’ “Demeanor” Insufficient
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In Ramos v. Metro N. Commuter R.R., 2021 NY Slip Op 00272 (App. Div. 1st Dept. Jan. 19, 2021), the court held that plaintiff – contrary to the lower court’s determination – presented enough evidence to create a triable issue of fact as to her employment discrimination, hostile work environment, and retaliation claims against the…

Read More Discrimination, Hostile Work Environment, and Retaliation Claims Against MTA Survive Summary Judgement
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In Clarke v. New York City Department of Education, 18-cv-6783, 2021 WL 123358 (E.D.N.Y. Jan. 13, 2021), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim. After reviewing the black-letter law concerning this claim, the court explained: The plaintiff claims that the defendants “picked on [her] and other veteran teachers” while allowing “younger…

Read More “Monkey” Reference Did Not Rise to Level of a Hostile Work Environment; Claim Dismissed
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In Payne v. Cornell University, 2021 WL 39684 (N.D.N.Y. Jan. 5, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim. The court explained: [E]ven if Plaintiff had properly supported her claims, the Court would find that the complained-of conduct is not sufficiently severe or pervasive to alter the conditions of Plaintiff’s employment. Courts…

Read More Hostile Work Environment Claim Dismissed; Denial of Time Off and a Negative Evaluation Insufficient
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In Wiggins v. Mount Sinai Hospitals Group, Inc. et al, No. 151209/2016, 2020 WL 7646949 (N.Y. Sup Ct, N.Y. Cty. Dec. 22, 2020), the court, inter alia, dismissed plaintiff’s race- and gender-based hostile work environment claims asserted under the New York State and City Human Rights Laws. As to the state law claim, the court…

Read More Hostile Work Environment Claims Dismissed Against Mt. Sinai
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In Rivera v. NYC Department of Education, 2020 WL 7496282 (S.D.N.Y. Dec. 21, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: Focusing on the timely allegations, the only non-conclusory allegations in this category are that Fanning “acted very coldly” towards Plaintiff and that Plaintiff received negative performance evaluations for…

Read More Hostile Work Environment Claim Dismissed Against NYC Dept of Education; “Acting Coldly” Plus Negative Performance Evaluations Insufficient
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