Plaintiff Defeats Summary Judgment (Hostile Work Environment)

In Bearer v. Teva Pharmaceuticals USA, Inc. et al, 19-5415, 2021 WL 4145053 (E.D.Pa. Sept. 8, 2021), the court, inter alia, denied defendant’s motion for summary judgment on her hostile work environment / sexual harassment claim arising from defendant’s President and CEO slapped plaintiff’s buttocks. The court distinguished this case from one in which the…

Read More Sexual Battery / Hostile Work Environment (Butt-Slapping) Claim Survives Summary Judgment Against Teva Pharmaceuticals
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In Thompson v. South Amboy Comprehensive Treatment Center, 2021 WL 3828833 (D.N.J. Aug. 27, 2021), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. Here, plaintiff alleges that her former supervisor (Edwin Rivera) sexually assaulted her during a weekend outing in Atlantic City, and that her…

Read More Single Incident of Alleged Sexual Assault Supports Sexual Harassment / Hostile Work Environment Claim
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In Sansone v. Jazz Casino Company, LLC D/B/A Harrah’s Casino, No. 20-30640, 2021 WL 3919249 (5th Cir. Sept. 1, 2021), the U.S. Court of Appeals for the Fifth Circuit reversed the dismissal of plaintiff’s hostile work environment / sexual harassment claim. Plaintiff – a baccarat dealer – alleged, among other things, that she was harassed…

Read More Customer-Based Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment Against Harrah’s
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In Johnson v. PRIDE Industries, Inc., No. 19-50173, 2021 WL 3440524 (5th Cir. Aug. 6, 2021), the U.S. Court of Appeals for the Fifth Circuit reversed the district court’s grant of summary judgment on plaintiff’s race-based hostile work environment claim. (Note: the EEOC submitted an Amicus Curiae, i.e., “friend of the court,” brief in this…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Racial Epithets Were Not “Isolated”
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In Byer v. Periodontal Health Specialists of Rochester, PLLC et al, 2021 WL 3276725 (2d Cir. August 2, 2021) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated a district court’s order granting summary judgment to defendant on plaintiff’s racial harassment case asserted under the New York State Human Rights…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment
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In Bilitch v. NYC Health & Hospitals Corp. et al, No. 17238/11, 2018-14913, 2021 N.Y. Slip Op. 03300, 2021 WL 2125826 (N.Y.A.D. 2 Dept. May 26, 2021), the court, inter alia, held that the employer was not entitled to summary judgment on plaintiff’s sexual harassment hostile work environment claims asserted under the New York State…

Read More Sexual Harassment Hostile Work Environment Claims Survive Summary Judgment Against NYC Health & Hospitals Corp.
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In Grimes-Jenkins v. Consolidated Edison Company of New York, Inc., 2021 WL 1226658 (S.D.N.Y. March 31, 2021), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York…

Read More Race-Based Hostile Work Environment Claims Survive Summary Judgment Against Con Edison; Slavery Comment Cited
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In Grimes-Jenkins v. Consolidated Edison Company of New York, Inc., 2021 WL 1226658 (S.D.N.Y. March 31, 2021), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s gender-based hostile work environment claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York…

Read More Gender-Based Hostile Work Environment Claims Survive Summary Judgment Against Con Edison
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In Espinosa v. Weill Cornell Medical College, 18 Civ. 11665, 2021 WL 1062592 (S.D.N.Y. March 19, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claim under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human…

Read More Gender-Based Hostile Work Environment Claim Against Weill Cornell Medical College Survives Summary Judgment
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In Comerford v. Village of North Syracuse et al, 2021 WL 950974 (N.D.N.Y. March 12, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claim. As to the “objectively severe or pervasive” prong of the analysis, the court explained: Plaintiff provided evidence of the following treatment and…

Read More Gender-Based Hostile Work Environment Claim Survives Against Village of North Syracuse et al
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