Hostile Work Environment

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In Walker v. Triborough Bridge and Tunnel Authority et al, No. 160839/21, 2022-04246, 2023 N.Y. Slip Op. 05344, 2023 WL 6884130 (N.Y.A.D. 1 Dept., Oct. 19, 2023), the Appellate Division, First Department unanimously affirmed the trial court’s Order denying defendants’ motion to dismiss plaintiff’s causes of action for discrimination and retaliation under the New York…

Read More Discrimination, Hostile Work Environment, Retaliation, Gender-Motivated Violence Act, Aiding & Abetting Claims Survive Dismissal Against Triborough Bridge & Tunnel Authority
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In Puppo v. Bluemercury, Inc., No. 152105/2021, 2023 WL 6812153 (N.Y. Sup Ct, New York County Oct. 13, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of constructive discharge and hostile work environment sexual harassment. Among plaintiff’s allegations were that plaintiff (a sales associate) inadvertently sent her then-manager (individual defendant Morta)…

Read More Sexual Harassment Claims, Arising From Ridicule Associated With Dissemination of “Intimate Image”, Sufficiently Alleged
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In Manns v. New York State Dept. of Financial Services, No. 160479/2022, 2023 WL 6812166 (N.Y. Sup Ct, New York County Oct. 16, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment asserted under the New York State Human Rights Law. Plaintiff alleged, among other things, that she…

Read More Alleged “Racist and Sexist Verbal Attacks” Support Hostile Work Environment Claim Under Amended NYS Human Rights Law
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In Shah v. Shirley Ryan Abilitylab, 2023 WL 6388228 (N.D.Ill. Sept. 29, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment and constructive discharge claims. From the decision: To allege a plausible hostile work environment claim, the environment must be “both subjectively and objectively offensive,” and the conduct constituting the…

Read More “Routine Annoyances” Did Not Give Rise to Hostile Work Environment, Constructive Discharge Claims
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In Spencer v. Global Innovative Group, LLC, 17 Civ. 7604 (PGG) (BCM), 2023 WL 6633860 (S.D.N.Y. Oct. 12, 2023), the court declined to adopt a Magistrate Judge’s Report & Recommendation that plaintiff’s race-based hostile work environment claim be dismissed. This decision – and in particular, its thorough evaluation and analysis of pertinent case law (both within…

Read More Hostile Work Environment Claim, Based on Single Use of the “N-Word”, Survives Dismissal
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In Griffin v. City of New York, No. 157357/2022, 2023 WL 6465003 (N.Y. Sup Ct, New York County Oct. 04, 2023), the court, inter alia, held that plaintiff sufficiently alleged a sex-based hostile work environment claim under the New York City – but not the New York State – Human Rights Law. This decision, as…

Read More Sex-Based Hostile Work Environment Claim Sufficiently Alleged Under NYC Human Rights Law
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In Brown v. Ferrara Candy Company, No. 22 CV 04875, 2023 WL 6519973 (N.D.Ill. Oct. 5, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of (race or sexual orientation based) hostile work environment asserted under Title VII of the Civil Rights Act of 1964. From the decision: The key allegation supporting…

Read More Hostile Work Environment Claims Survive Dismissal; Carrying of Weapons Factored Into Decision
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In Yelling v. St. Vincent’s Health System, 2023 WL 6474713 (11th Cir. Oct. 5, 2023), the court, inter alia, affirmed the summary judgment dismissal of plaintiff’s race-based hostile work environment. This decision is instructive as to how courts evaluate hostile work environment claims where the alleged inappropriate comments are not directed to the plaintiff themselves,…

Read More Race-Based Hostile Work Environment Claim Dismissal Upheld; Obama Comments Were Not “Inherently Racial”
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In Kekovic v. Titan Motor Group LLC, 22-CV-2142, 2023 WL 6385712 (E.D.N.Y. Sept. 29, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claims. Plaintiff, who identifies as a white male, is married to a black, African American man, and thus asserts “associational discrimination” claims based on this marriage.…

Read More “Associational Discrimination” Race-Based Hostile Work Environment Claim Survives Dismissal Against Titan Motor Group
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In Herman v. City of New York et al, 21-cv-6295 (ALC), 2023 WL 6386887 (S.D.N.Y. Sept. 29, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of hostile work environment, based on his Jewish religion, under the New York State and City Human Rights Laws. From the decision: Here, Plaintiff alleges that…

Read More Religion-Based Hostile Work Environment Claims, Based in Part on Single Anti-Semitic Remark, Survive Dismissal
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