Hostile Work Environment

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In Rice v. Smithtown Volkswagen, 2018 WL 3848923 (E.D.N.Y. Aug. 13, 2018), the court held that plaintiff sufficiently pleaded claims for “quid pro quo” sexual harassment, hostile work environment sexual harassment, and retaliation under Title VII of the Civil Rights Act of 1964. (In this post I will discuss the court’s assessment of plaintiff’s “quid pro…

Read More Quid Pro Quo Sexual Harassment Claim Stated Against Smithtown Volkswagen
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In Johnson v IAC/Interactivecorp., No. 155837/2014, 2018 WL 3536599, 2018 N.Y. Slip Op. 31720(U) (Sup Ct, New York County July 16, 2018), the court, inter alia, dismissed plaintiff’s claim for gender discrimination. This case illustrates, among other things, that when assessing employment discrimination claims, context counts. From the decision: It is significant here that plaintiff was…

Read More “College Humor” Gender Discrimination Claim Dismissed
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In McLeod v. General Vision Services, Inc. et al, 13-cv-6824, 2018 WL 3745662 (S.D.N.Y. Aug. 6, 2018), the court, inter alia, denied defendants’ motion on plaintiff’s race- and age-based hostile work environment claims. The court noted – in the portion of the decision where it assessed plaintiff’s race discrimination claims[1]The court dismissed plaintiff’s race discrimination claims…

Read More Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Racial Epithets
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In Mohan v. City of New York et al, 17-cv-3820, 2018 WL 3711821 (SDNY Aug. 3, 2018), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim. The court began by reciting the well-established “black letter” law applicable to hostile work environment claims: A hostile work environment claim is composed of a series of separate acts…

Read More Hostile Work Environment Claim Dismissed; Secondhand Knowledge of “Black Guy” Comment Insufficient
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In Refermat v. Lancaster Central School District, 14-CV-0712, 2018 WL 3640220 (W.D.N.Y. Aug. 1, 2018), the court adopted a Magistrate Judge’s Report and Recommendation to grant defendant’s summary judgment motion as to plaintiff’s constructive discharge claim, but to deny it as to plaintiff’s hostile work environment and retaliation claims. In this blog post I will…

Read More Dispute as to Discriminatory Intent Supports Denial of Summary Judgment as to Plaintiff’s Hostile Work Environment Claim
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In Thomas v. Jonathan Mintz, Commissioner New York City Department of Consumer Affairs and the City of New York, 2018 NY Slip Op 51169(U), 2018 WL 3652302 (N.Y. Sup. Ct. N.Y. Cty. Aug. 1, 2018), the court, inter alia, dismissed plaintiff’s race- and sex-based hostile work environment claims under the New York State and City Human Rights…

Read More Race, Sex-Based Hostile Work Environment Claims Dismissed; “Sporadic Hostile Behavior” Insufficient
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In Suri v. Grey Global Group, Inc., 2018 NY Slip Op 05627 (App. Div. 1st Dept. August 2, 2018), the Appellate Division, First Department, modified a lower court decision, finding that summary judgment was improperly granted to defendant on plaintiff’s sexual harassment claim under the NYC Human Rights Law.[1]It nonetheless agreed that the lower court properly…

Read More Hostile Work Environment / Sexual Harassment Claim Under the NYC Human Rights Law Resurrected From Summary Judgment Dismissal
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In Fields v. New York City Health and Hospital Corporation, 17-cv-6042, 2018 WL 3518506 (E.D.N.Y. July 20, 2018), the U.S. District Court for the Eastern District of New York, inter alia, dismissed plaintiff’s claims of race and national origin discrimination under Title VII of the Civil Rights Act of 1964 and the New York City Human…

Read More Discrimination, Hostile Work Environment, Retaliation Claims Dismissed Against NYC Health & Hospital Corporation
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In a recently-filed lawsuit, captioned Lockwood v. CBS Radio Inc., Joseph Benigno et al (NY Supreme Ct. Kings Cty. Index 514650/2018, July 17, 2018), plaintiff alleged, inter alia, “that the terms, conditions and privileges of her employment relationship with Defendants … were adversely affected because of her sex” and “that she was subjected to sexual…

Read More Sexual Harassment Complaint Filed Against CBS Radio Et Al
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