Plaintiff Defeats Summary Judgment (Hostile Work Environment)

In Harlow v. Molina Healthcare, Inc., 5:20-CV-1382, 2024 WL 1126736 (N.D.N.Y. March 15, 2024), the court, inter alia, denied defendant’s motion for summary judgment on her hostile work environment sexual harassment claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. After summarizing the black-letter law, the…

Read More Hostile Work Environment (Same-Sex) Sexual Harassment Claims Survive Summary Judgment; Evidence Included Unwanted Touching and Suggestive Language
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In Moll v. Telesector Resources Group, Inc., No. 20-3599, 2024 WL 820179 (2d Cir. Feb. 28, 2024), the U.S. Court of Appeals for the Second Circuit vacated the lower court’s order dismissing plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: In…

Read More 2d Circuit Vacates Summary Judgment Dismissal of Title VII Hostile Work Environment Claim
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In Hedvika Polonca Hribovsek v. United Cerebral Palsy of New York City et al, No. 1463, 152849/17, 2022-05615, 2024 N.Y. Slip Op. 00377, 2024 WL 330884 (N.Y.A.D. 1 Dept., Jan. 30, 2024), the court, inter alia, affirmed the denial of defendant’s motion for summary judgment dismissing plaintiff’s hostile work environment claims. From the decision: Finally,…

Read More Hostile Work Environment Claims Survive Dismissal; Court Cites Accent Mocking and Excessive Monitoring
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In Leone v. Brown Forman Corp., No. 151627/2019, 2024 WL 198429(N.Y. Sup Ct, New York County Jan. 12, 2024), the court, inter alia, denied defendant’s motion for summary judgment on their age-based hostile work environment claim asserted under the New York City Human Rights Law. From the decision: As it relates to plaintiffs hostile work…

Read More Age-Based Hostile Work Environment Claim Survives Summary Judgment
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In Beltran v. Hard Rock Hotel Licensing, Inc., 2023 WL 8430581 (Cal.App. 4 Dist., 2023), the court reversed a decision granting the defendant summary judgment on plaintiff’s claim for sexual harassment under California law.[1]NOTE: I am not licensed to practice law in California. Accordingly, this blog post is not intended to be a summary of,…

Read More Sexual Harassment Claim, Based on Allegations of Leering Gestures, Groping, Etc., Survives Summary Judgment
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In Achee v. Incorporated Village of Valley Stream et al, No. 20-cv-5294, 2023 WL 7130717 (E.D.N.Y. Oct. 30, 2023), the court, inter alia, denied motion for summary judgment on plaintiff’s hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights…

Read More Race, Religion-Based Hostile Work Environment Claims Survive Summary Judgment; Evidence Included Threat to “Hang” Plaintiff
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In Onely v. Redner’s Markets, Inc., No. 21-4785, 2023 WL 6626120 (E.D.Pa. Oct. 11, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of race discrimination and race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. As to plaintiff’s…

Read More A “Thousand Cuts”: Title VII Hostile Work Environment Claims Survive Summary Judgment
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In Wheeler v. Praxair Surface Technologies, Inc., 21 Civ. 1165, 2023 WL 6282903 (S.D.N.Y. Sept. 26, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under the New York State Human Rights Law. This case is instructive as to the applicability of the the relatively…

Read More Race-Based Hostile Work Environment Claim, Based on Conduct Post-Dating Amendments to NYS Human Rights Law, Survives Summary Judgment
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In a recent case, Chillmon v. Village of Evergreen Park Illinois, 2No. 20 CV 7379, 2023 WL 5980008 (N.D.Ill. Sept. 14, 2023), the court, inter alia, denied defendant’s motion for summary judgment dismissing plaintiff’s national origin-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: A…

Read More National Origin (Albanian) Hostile Work Environment Title VII Claim Survives Summary Judgment
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In a recent case, Mingo v. The City of Mooresville, No. 5:22-CV-00032-KDB-SCR, 2023 WL 6120962 (W.D.N.C. Sept. 18, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Viewing the facts generously in the…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Allegations Included Racially Disparaging Remarks; Disparate Discipline
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