Hostile Work Environment Sufficiently Alleged

In Krul v. Megan J. Brennan, Postmaster General, U.S. Postal Service et al, 2020 WL 6736886 (N.D.N.Y. Nov. 17, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of gender-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. The court summarized the legal standard in the…

Read More Sex-Based Hostile Work Environment Claim Sufficiently Alleged; Allegations Included Voice Mocking
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In Ramirez v. NYP Holdings, Inc., 18-cv-12058, 2020 WL 470011 (S.D.N.Y. Jan. 29, 2020), the court held, inter alia, that plaintiff sufficiently alleged a hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has alleged that, throughout his time working at the Printing Center he was…

Read More Hostile Work Environment Claim Sufficiently Alleged by Hispanic Plaintiff
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In Kurlender v. Ironside Group, Inc., 2019 WL 1317405 (E.D.N.Y., 2019), the court fully adopted a Magistrate Judge’s Report & Recommendation, inter alia, denying defendant’s motion to dismiss plaintiff’s Amended Complaint’s allegation that he was subjected to hostile work environment sexual harassment. The court summarized plaintiff’s allegations as follows: Plaintiff alleges in the Amended Complaint…

Read More Allegation of “Unwanted Touching” Sufficient to Plead Hostile Work Environment Sexual Harassment
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In  Casarella v. New York State Department of Transportation, 2018 WL 4372674 (S.D.N.Y. Sept. 13, 2018), the court, inter alia, held that plaintiff plausibly alleged a hostile work environment claim under Title VII of the Civil Rights Act of 1964. “To establish a hostile work environment claim, a plaintiff must produce enough evidence to show…

Read More Hostile Work Environment Claim Survives Dismissal; Anti-Italian Slurs Were “Pervasive”
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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 “hostile work…

Read More Hostile Work Environment Claim Stated Against Smithtown Volkswagen
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In Stoica v. Phipps, 2018 WL 1226045 (N.Y. Sup. Ct. N.Y. Cty. Index No. 153834/2017, March 8, 2018) (J. Lebovits), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment sexual harassment claims under the New York State and City Human Rights Laws.[1]It also held that plaintiff sufficiently alleged various other claims, including…

Read More Nanny Sufficiently Alleges Hostile Work Environment / Sexual Harassment; Claims Were Not “Too Outrageous and Incredible to be Believed”
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In Perry v. Captain Robert Slensby, 16-cv-8947, 2018 WL 1136922 (S.D.N.Y. Feb. 28, 2018), the court held that plaintiff sufficiently alleged a hostile work environment claim. The facts, in (very brief) part: Plaintiff reports that on one occasion during their night shift Defendant said to Plaintiff, “If I was a female, I would fuck the…

Read More Male-on-Male Sexual Harassment Claim Survives Dismissal; Court Cites Vulgar Comment and Physical Touching
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In Wooding v. Winthrop Univ. Hosp., No. 16-cv-4477, 2017 WL 2559942 (E.D.N.Y. June 12, 2017), the court held that plaintiff plausibly alleged a racially hostile work environment. It provides a summary/overview of the pleading standards for this type of claim: To establish a hostile work environment claim under federal and New York State law, a…

Read More Racially Hostile Work Environment Sufficiently Alleged Against Winthrop University Hospital
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