Hostile Work Environment

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In Owens v. Centene Corporation, Centene Management Company, LLC, 2023 WL 5970954 (2d Cir. Sept. 14, 2023), the court, inter alia, affirmed the dismissal of plaintiff’s hostile work environment asserted under the New York City Human Rights Law. From the decision: To succeed on a hostile work environment claim under the NYCHRL, Owens must demonstrate…

Read More 2nd Circuit Affirms Dismissal of Hostile Work Environment Claim Based on Marital/Partnership Status
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In Sokolovsky v. Silver Lake Specialized Care Center et al, 21-CV-01598 (MKB), 2023 WL 5977298 (E.D.N.Y. Sept. 14, 2023), the court, inter alia, held that plaintiff sufficiently alleged claims of hostile work environment (based on her national origin and religion) under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New…

Read More National Origin, Religion-Based Hostile Work Environment Claims Sufficiently Alleged, Court Holds
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In Blackmore v. Fossner Timepieces Clock Shop, Inc., No. 159279/2021, 2023 WL 5957075 (N.Y. Sup Ct, New York County Sep. 11, 2023), a hostile work environment/retaliation case, the court, inter alia, granted plaintiff’s motion to compel certain items of discovery. As to one such item, which frequently sought in discrimination cases, the court explained: Plaintiff…

Read More Court Orders Discovery of Prior Sexual Harassment Claims in Hostile Work Environment Case
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In Samuels v. City of New York et al, 22-cv-1904 (JGK), 2023 WL 5717892 (S.D.N.Y. Sept. 5, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s gender-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1954, the New York State Human Rights Law, and the New York…

Read More Gender-Based Hostile Work Environment Claims Survive Dismissal; Allegations Include Physical and Verbal Harassment
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In Jordan v. Auto Handling Corporation, et al, 2023 WL 5802449 (N.D. Ind. Sept. 6, 2023), the court dismissed plaintiff’s claim of race-based discrimination asserted under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that he experienced “racial incidents” during his employment, including a joke that plaintiff was a “drug…

Read More Title VII Race-Based Hostile Work Environment Claim Dismissed; “Drug Dealer”, “MLK” Comments Insufficient
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In a recent case, Banks v. General Motors, LLC, No. 21-2640, 2023 WL 5761361 (2d Cir. Sept. 7, 2023), the U.S. Court of Appeals for the Second Circuit vacated a lower court’s summary judgment dismissal of plaintiff’s race- and sex-based discrimination and hostile work environment claims. From the decision: In this case, plaintiff-appellant Billie R.…

Read More 2nd Circuit Revives Claims of Race and Sex Discrimination, Hostile Work Environment
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In a recent case, Domingo v. Avis Budget Group, et al., No. 2021-02638, 709558/20, 2023 WL 5599153 (N.Y.A.D. 2 Dept., Aug. 30, 2023), the court modified a lower court decision to deny defendant’s motion to dismiss plaintiff’s causes of action for hostile work environment and aiding and abetting. In sum, plaintiff commenced an action alleging…

Read More Sexual Harassment Claim Sufficiently Alleged; Dismissal of Federal and State Claims Did Not Operate as “Collateral Estoppel”
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In Garcia v. The City of New York, No. 151552/22, 2023 WL 5531753 (N.Y. Sup Ct, New York County Aug. 28, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based discrimination claim asserted under the New York City Human Rights Law. From the decision: The conduct alleged in the Proposed Amended Complaint…

Read More “Coded” Racial Language Supports NYC Human Rights Law Discrimination Claim
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In Lax v. The City University of New York, No. 504682/2021, 2023 WL 5485819 (N.Y. Sup Ct, Kings County Aug. 23, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s religion-based hostile work environment claims. From the decision: CUNY contends that plaintiffs’ hostile work environment claims fail to state viable causes of action…

Read More Religion-Based Hostile Work Environment Claims Sufficiently Alleged Against City University of New York, Court Rules
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In Newman v. Intern. Institute for the Brain (Ibrain), No. 150459/2023, 2023 WL 5350997 (N.Y. Sup Ct, New York County Aug. 16, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: Under the NYSHRL,…

Read More Hostile Work Environment Claims Sufficiently Alleged Against Institute for the Brain
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