Plaintiff Defeats Summary Judgment (Hostile Work Environment)

In Gooch v. Electric Power Board of Metropolitan Nashville and Davidson County d/b/a Nashville Electric Service, No. 3:20-cv-01001, 2022 WL 2196267 (M.D.Tenn. June 17, 2022), the court held that plaintiff presented sufficient evidence to survive summary judgment on his race-based hostile work environment claim under 42 U.S.C. §§ 1981 and 1983. The court summarized the…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Presence of Nooses
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In Rippstein v. Boeing Company, et al, 2022 WL 1522155 (D.Ariz. May 13, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Defendant next argues that the three anonymous emails sent to Plaintiff’s…

Read More Title VII Hostile Work Environment Claim Survives Summary Judgment Against Boeing; Evidence Included Death Threats
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In Haughton v. Ja-Co Foods, Inc. d/b/a Sonic Drive-Ins, No. 1:20-CV-241-SA-DAS, 2022 WL 1498107 (N.D. Miss. May 11, 2022), the court held that plaintiff presented sufficient evidence to survive summary judgment on plaintiff’s hostile work sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Generally, in order to make out…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Evidence Included Singing “Inappropriate Songs” and “Humping”
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In Erno v. New York State Office of Information Technology Services, No. 1:19-CV-1457, 2022 WL 1224325 (N.D.N.Y. April 26, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964 (but not under the New York State Human…

Read More Hostile Work Environment Sexual Harassment Claim, Against NYS Office of Information Technology Services, Survives Summary Judgment
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In Melendez v. New York City Transit Authority et al., No. 1576 4, 2021-02852, 2022 WL 1177462 (N.Y.A.D. 1 Dept., Apr. 21, 2022), the Appellate Division, First Department unanimously affirmed the lower court’s denial of defendants’ motion for summary judgment dismissing plaintiff’s complaint alleging gender discrimination and retaliation. From the decision: The record does not…

Read More Gender Discrimination, Retaliation Claims to Proceed Against NYC Transit Authority
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In Clayton v. Dreamstyle Remodeling of Colorado, LLC, 20–cv–02096, 2022 WL 910957 (D.Colo. March 28, 2022), the court, inter alia, held that plaintiff’s hostile work environment sexual harassment claim, asserted under Title VII of the Civil Rights Act of 1964, survived summary judgment. From the decision: To defeat a motion for summary judgment, the plaintiff…

Read More Sexual Harassment Claim Survives Summary Judgment; Evidence Included Sexual Comments, Photographs
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In Abbt v. City of Houston, 2022 WL 764999 (5th Cir. March 11, 2022), the court, inter alia, reversed the lower court’s award of summary judgment for defendant on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. In sum, this case arose from the…

Read More Sexual Harassment Claim, Asserted by Houston Firefighter, Survives Summary Judgment
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In Wilkins v. United Parcel Service, Inc. d/b/a UPS et al, 19-cv-8180, 2022 WL 597431 (S.D.N.Y. Feb. 28, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim of a race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. This decision is a good example…

Read More Race-Based Hostile Work Environment Survives Summary Judgment Against UPS
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In Pichardo v. Carmine’s Broadway Feast Inc., No. 1467 4, 2021-00050, 2021 WL 5456247 (N.Y.A.D. 1 Dept. Nov. 23, 2021), the court, inter alia, held (in part) that summary judgment was improperly granted to defendant on plaintiff’s race/color-based hostile work environment claim under the New York City Human Rights Law. After concluding that certain aspects…

Read More Race/Color Hostile Work Environment Claim Survives, In Part, Against Carmine’s Restaurant
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In Roberts v. Glenn Industrial Group, Inc. et al, 3:17CV745-GCM2021, WL 4928462 (W.D.N.C. Oct. 21, 2021), the court held that triable issues of fact regarding plaintiff’s hostile work environment sexual harassment claim, asserted under Title VII of the Civil Rights Act of 1964, warranted denial of defendants’ motion for summary judgment. From the decision: Viewed…

Read More Male Plaintiff’s Sexual Harassment Case Survives Summary Judgment
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