P Defeats Summary Judgment (Hostile Work Environment)

In Crump v. The New York City Housing Authority, No. 163138/2015, 2020 WL 5874852 (N.Y. Sup Ct, New York County Oct. 02, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim that he was subject to discrimination and harassment based on his sexual orientation in violation of the New York…

Read More Sexual Orientation Discrimination / Harassment Claim Against NYC Housing Authority Survives Summary Judgment
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In Trail v. New York State Department of Corrections and Community Supervision, 17-cv-7273, 2020 WL 5504277 (SDNY Sept. 10, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claim. [1]I discussed the court’s denial of defendants’ motion for summary judgment as to one aspect of plaintiff’s discrimination/disparate treatment…

Read More Title VII Race-Based Hostile Work Environment Claim Survives Summary Judgment
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In Mejia v. City of New York, 2020 WL 2837008 (E.D.N.Y. May 30, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claim asserted against two individuals under the New York City Human Rights Law. From the decision: Plaintiff’s gender-based hostile work environment claim, however, is viable as…

Read More “Bitch” Remark Among Evidence Supporting Denial of Summary Judgment Under the NYC Human Rights Law on Plaintiff’s Hostile Work Environment Claim
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In Pardovani v. Crown Building Maintenance Co., 2020 WL 2555280 (SDNY May 20, 2020), the court denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claim. From the decision: Pardovani offers evidence to suggest that, far from an occasional occurrence, the word “nigger,” and derivations thereof, were used frequently and offensively in…

Read More Race-Based Hostile Work Environment Claims Survive; Evidence Included the Use of the “N-Word”
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In Bateman v. Montefiore Med. Ctr., 2020 NY Slip Op 02969 (App. Div. 1st Dept. May 21, 2020), the court unanimously modified a lower court Order so as to deny defendants’ motion for summary judgment dismissing plaintiff’s claims for employment discrimination, hostile work environment, and retaliation under the New York State and City Human Rights Laws.…

Read More Race Discrimination, Hostile Work Environment, Retaliation Claims Resurrected From Summary Judgment Dismissal Against Montefiore Medical Center
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In Golston-Green v. City of New York, et al., No. 2016-02462, 28117/09, 2020 N.Y. Slip Op. 02768, 2020 WL 2462411 (N.Y.A.D. 2 Dept., May 13, 2020), the court, inter alia, held that summary judgment should not have been granted to defendants on plaintiff’s claim of gender-based hostile work environment under the NYC Human Rights Law.…

Read More Gender-Based Hostile Work Environment Survives Summary Judgment Under the NYCHRL Against NYC
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In Soto v. CDL (New York) L.L.C., 2020 WL 2133370 (S.D.N.Y. May 5, 2020) (J. Failla), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. Here, plaintiff’s claim included physical and non-physical harassment. In evaluating defendant’s motion, the court noted that the Second Circuit has drawn…

Read More Sexual Harassment (Hostile Work Environment) Claim Survives Summary Judgment; Court Differentiates Between Verbal and Physical Harassment: Part I
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In Rasmy v. Marriott International, Inc., 952 F.3d 379 (2d Cir. March 6, 2020), the court vacated the district court’s grant of summary judgment to defendant on plaintiff’s hostile work environment and retaliation claims. Here I will discuss the court’s evaluation of plaintiff’s hostile work environment claim. In particular, the court faulted the lower court…

Read More 2d Circuit Vacates Summary Judgment Dismissal of Hostile Work Environment Claim; District Court Applied Improperly “Rigid” Test
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In Ramos v. Metro-North Commuter Railroad, No. 153742/18, 2020 WL 2041968, 2020 N.Y. Slip Op. 31061(U) (N.Y. Sup Ct, New York County Apr. 03, 2020), the court denied defendants’ motion for summary judgment on plaintiff’s disability-based hostile work environment claim asserted under the New York City Human Rights Law. The court reached this conclusion, however,…

Read More Disability-Based Hostile Work Environment Claim Survives Summary Judgment Under the New York City (But Not New York State) Human Rights Law
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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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