Hostile Work Environment

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In Bond v New York City Health and Hospitals Corp., No. 160658/2013, 2020 WL 1031393 (N.Y. Sup Ct, New York County Feb. 25, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s gender discrimination claim alleging that her supervisor subjected her to a hostile work environment after she rejected his sexual…

Read More Sexual Harassment (Hostile Work Environment) Claim Survives Summary Judgment Against NYC Health & Hospitals Corp.; Court Cites Deterioration of Relationship Following Rejection of Sexual Advances
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In Cunningham v. New York Junior Tennis League, Inc., 18-CV-1743, 2020 WL 916964 (S.D.N.Y. Feb. 26, 2020), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claims. After summarizing the legal standards for hostile work environment claims under federal, state, and city law, the court applied the law…

Read More Race-Based Hostile Work Environment Claim Dismissed; “Relate to the Neighborhood” Comment Deemed Insufficient
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In Rella v. New York State Office of Mental Health, 2020 WL 918767 (N.D.N.Y. Feb. 26, 2020), the court, inter alia, held that plaintiff sufficiently alleged a claim for hostile work environment under the Americans with Disabilities Act. After rejecting defendant’s argument that such claims are not cognizable under the ADA, the court turned to…

Read More Disability-Based Hostile Work Environment Claim Stated, Court Holds
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In King v. Daniel Shoes, No. 13080/12, 2018-10611, 2020 N.Y. Slip Op. 01151, 2020 WL 808729 (N.Y.A.D. 2 Dept., Feb. 19, 2020) – a sexual harassment/hostile work environment case – the Appellate Division affirmed a lower court’s award of a default judgment against defendants on the issue of liability pursuant to 22 NYCRR 202.27(a) and…

Read More Sexual Harassment/Hostile Work Environment Default Judgment for Plaintiff Upheld; Defendants Did Not Demonstrate a Reasonable Excuse for Non-Appearance at Trial
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In Raucci v. Center for Disability Services, Inc., 19-cv-1002, 2020 WL 777269 (N.D.N.Y. Feb. 18, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: In the present matter, the Court finds that Plaintiff has failed to plead facts alleging that she suffered abuse rising to the level of a hostile…

Read More Hostile Work Environment Claim Dismissed Against Center for Disability Services
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In Sampson Blair v. SUNY University at Buffalo, 2020 WL 695870 (W.D.N.Y. Feb. 11, 2020), the court dismissed plaintiff’s hostile work environment claim. While the court noted that the Second Circuit has not yet decided whether a hostile work environment claim may be made under the Americans with Disabilities Act, it observed that district courts…

Read More Hostile Work Environment Claim Dismissed; Denial of Accommodation Request Insufficient
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In Diaz v. New York City Dept. of Educ., No. 154597/2019, 2020 NY Slip Op 30341(U), 2020 WL 587339 (N.Y. Sup Ct, New York County Feb. 06, 2020), the court, inter alia,  dismissed plaintiffs’ claims of employment discrimination (including hostile work environment sexual harassment). Among other things, the court held that the Education Law’s Notice…

Read More Hostile Work Environment / Sexual Harassment Claim Dismissed Against NYC Dept. of Education; Notice of Claim Requirement Not Satisfied
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In Denson v. Donald J. Trump For President, No. 101616/17, 10334, 10334A, 2020 N.Y. Slip Op. 00923, 2020 WL 573113 (N.Y.A.D. 1 Dept., Feb. 06, 2020), the court, inter alia, struck down arbitration awards – predicated on claimed violations of a non-disclosure, non-disparagement agreement (NDA) – against an ex-employee of Donald J. Trump’s presidential campaign.…

Read More Court Vacates Arbitration Award Against Former Trump Campaign Employee for Alleged NDA Violation
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In Reynolds v. State, No. 528410, 2020 N.Y. Slip Op. 00897, 2020 WL 572813 (N.Y.A.D. 3 Dept., Feb. 06, 2020), the court – after upholding a jury verdict in plaintiff’s favor on her hostile work environment/sexual harassment and negligent supervision claims – nevertheless found that the jury’s damage award was excessive. The court summarized the…

Read More Damage Award For Hostile Work Environment Held Excessive
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In Yu v. City of New York, Administration for Children’s Services, 2020 WL 521863 (2d Cir. Feb. 3, 2020) (Summary Order), the court held, inter alia, that plaintiff’s hostile work environment claim was not (contrary to the district court’s conclusion) time-barred as a matter of law. Initially, the court upheld the district court’s dismissal of…

Read More Hostile Work Environment Claim Dismissal Vacated and Remanded
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