Hostile Work Environment

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In Soto v. CDL (New York) L.L.C., 2020 WL 2133370 (S.D.N.Y. May 5, 2020) (J. Failla), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. Here, plaintiff’s claim included physical and non-physical harassment. In evaluating defendant’s motion, the court noted that the Second Circuit has drawn…

Read More Sexual Harassment (Hostile Work Environment) Claim Survives Summary Judgment; Court Differentiates Between Verbal and Physical Harassment: Part I
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In Rasmy v. Marriott International, Inc., 952 F.3d 379 (2d Cir. March 6, 2020), the court vacated the district court’s grant of summary judgment to defendant on plaintiff’s hostile work environment and retaliation claims. Here I will discuss the court’s evaluation of plaintiff’s hostile work environment claim. In particular, the court faulted the lower court…

Read More 2d Circuit Vacates Summary Judgment Dismissal of Hostile Work Environment Claim; District Court Applied Improperly “Rigid” Test
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In Ramos v. Metro-North Commuter Railroad, No. 153742/18, 2020 WL 2041968, 2020 N.Y. Slip Op. 31061(U) (N.Y. Sup Ct, New York County Apr. 03, 2020), the court denied defendants’ motion for summary judgment on plaintiff’s disability-based hostile work environment claim asserted under the New York City Human Rights Law. The court reached this conclusion, however,…

Read More Disability-Based Hostile Work Environment Claim Survives Summary Judgment Under the New York City (But Not New York State) Human Rights Law
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In Oliver v. New York State Police, 2020 WL 1989180 (N.D.N.Y. April 27, 2020), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s gender-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. While the court held that the alleged conduct was sufficiently “severe or pervasive”, there…

Read More Hostile Work Environment / Sexual Harassment Claim Dismissed Against New York State Police
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In Anderson v. New York City Department of Finance, 19-CV-7971, 2020 WL 1922624 (S.D.N.Y. April 21, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based discrimination and hostile work environment claims. As to his hostile work environment claim, the court explained, with respect to the nature and consistency of the alleged conduct:…

Read More Race-Based Hostile Work Environment Claim Dismissed Against NYC Department of Finance
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In Thomas v. Jonathan Mintz et al, No. 103397/11, 11405, 2020 N.Y. Slip Op. 02367, 2020 WL 1942218 (N.Y.A.D. 1 Dept. Apr. 23, 2020), the court modified a lower court decision to deny defendant’s motion to dismiss plaintiff’s retaliation claim, but upheld its dismissal of plaintiff’s hostile work environment and discrimination claims, under the New…

Read More Retaliation Claim Survives Dismissal; Hostile Work Environment and Discrimination Claims Dismissed
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In Johnson v. Frida’s Bakery, Inc., et al, 19-CV-1613, 2020 WL 1904061 (N.D.N.Y. April 17, 2020), the court, inter alia, recommended the dismissal of plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. As to the merits of plaintiff’s Title VII claim, the court explained: [T]o state a…

Read More Title VII Hostile Work Environment Claim Dismissed; Protected Class Not Alleged
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In Jamiel v. Viveros, 19-cv-1389, 2020 WL 1847566 (S.D.N.Y. April 13, 2020), the court, inter alia, adopted a Magistrate Judge’s Report and Recommendation to deny defendant’s motion to dismiss plaintiff’s hostile work environment claims – relating to plaintiff’s race and perceived sexual orientation – under Federal Rule of Civil Procedure 12(b)(6). From the Order: With…

Read More Hostile Work Environment Claim Sufficiently Alleged; Report & Recommendation Adopted
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In Hamilton Specialty Insurance Company, Inc. v. Kinsale Insurance Co., 19-cv-5548, 2020 WL 1876358 (S.D.N.Y. April 15, 2020), the court held that a claim arising from an employment discrimination lawsuit was subject to an exclusion under an insurance policy (specifically, that policy’s “criminal act exclusion”). Here, the plaintiff (Hamilton) is an insurance company suing another…

Read More Sexual Assault Comes Under “Criminal Act Exclusion” in Insurance Policy, Court Holds
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In Jian Hua Li v. Chang Lung Group Inc., 2020 WL 1694356 (E.D.N.Y. April 7, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws. As to plaintiff’s state law claim, the court explained: Plaintiff’s hostile work environment claim under the NYSHRL fails.…

Read More Hostile Work Environment Claim, Based on Chinese-American Status, Dismissed
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