Hostile Work Environment

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In a recent case, Demkovich v. St. Andrew the Apostle Parish, 19-cv-2142 (7th Cir. August 31, 2020), the U.S. Court of Appeals for the 7th Circuit[1]Note: This firm does not engage in the practice of law, and its owner is not licensed to practice law, in the jurisdiction which issued this decision. held that plaintiff’s…

Read More 7th Circuit: Hostile Work Environment Claim Not Barred by “Ministerial Exception”
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In Gunning v. New York State Justice Center for Protection of People With Special Needs, 2020 WL 5203673 (N.D.N.Y., September 1, 2020), the court, inter alia, dismissed plaintiff’ hostile work environment claim as untimely. This decision is instructive as to the application of the “continuing violation doctrine” in the context of a hostile work environment…

Read More Hostile Work Environment Claim Dismissed; Continuing Violation Doctrine Held Inapplicable
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In Harrisman v. The City of New York Department of Transportation et al, 2020 WL 5211043 (S.D.N.Y. Sept. 1, 2020), the court, inter alia, dismissed plaintiff’s religion-based hostile work environment claim. Initially, the court summarized the “black-letter” law governing this claim: To prove a prima facie case of a hostile work environment, a plaintiff must…

Read More Hostile Work Environment Claim Dismissed; Allegation That Female Co-Workers “Talked Too Much” Amounted to “Episodic”, “Inoffensive Utterances”
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In Stryker v. HSBC Securities (USA) et al, 2020 WL 5127461 (SDNY Aug. 31, 2020), the court, inter alia, granted defendants’ motion for summary judgment as to plaintiff’s disability-based hostile work environment claims under the Americans with Disabilities Act (ADA), the New York State Human Rights Law, and New York City Human Rights Law. As…

Read More Disability-Based Hostile Work Environment Claims Dismissed; “Legitimate Reprimands” Were Not Actionable
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In Olsson v. ABM Taxi Dispatch LaGuardia Airport, 2020 WL 5038742 (S.D.N.Y. Aug. 26, 2020), the court, inter alia, denied what it construed as plaintiff’s motion to amend his complaint to add a hostile work environment claim under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law.…

Read More Hostile Work Environment Claim Insufficiently Alleged; Motion to Amend Denied
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In Farooq v. New York City Health & Hospitals Corporation et al, 19-cv-6294, 2020 WL 5018387 (S.D.N.Y. August 25, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race/national origin/religion-based hostile work environment claim. The court summarized the applicable law as follows: To prevail on a hostile work environment claim, a plaintiff must…

Read More Hostile Work Environment Claim by Pakistani Pharmacist Plaintiff Dismissed Against NYC Health & Hospitals Corp.
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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 a recent decision, Simmons v. Safeway, Inc. d/b/a Haggen Food and Pharmacy et al., 19-35715 (9th Circuit Aug. 5, 2020) (deemed “not for publication”),[1]General information about this practice here the U.S. Court of Appeals for the Ninth Circuit reversed a summary judgment granted to defendant in plaintiff’s sexual harassment case asserted under Title VII…

Read More Ninth Circuit Reinstates Sexual Harassment Case Against Safeway
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In Vucinaj v. New York City Police Department et al, 2020 WL 4677597 (SDNY Aug. 12, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: It is clear, based on Plaintiff’s testimony, that he subjectively perceived the environment at the NYPD to be hostile during his tenure. But the acts…

Read More Hostile Work Environment Claim Against NYPD Dismissed; Anti-Albanian Comments Were “Sporadic”
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In Tuan v. Flatrate Moving Network LLC, 2020 WL 4606318 (SDNY August 11, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the law as follows: To establish a hostile work environment under Title VII … a plaintiff must…

Read More Hostile Work Environment Claim Dismissed; Conduct, Including “Sarcastic” and “Belittling” Remarks, Was Sporadic
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