August 3, 2021

Volume XI, Number 215

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August 02, 2021

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Federal Court Dismisses Discrimination and Retaliation Claims But Not Hostile Work Environment

On January 28, 2020, the Southern District of New York allowed a hostile work environment claim to proceed based upon allegations of racial slurs, demeaning comments, and relegation of Hispanic employees to the least favorable job assignments and shifts. Ramirez v. NYP Holdings, Inc. The Court permitted this claim to proceed despite dismissing other claims under Title VII, Section 1981, and state and local law arising from discipline, up to and including discharge. In this instance, plaintiff was suspended indefinitely and then fired after engaging in an altercation with a White coworker because his suspension violated a last chance agreement.

In sum, that totality of the allegations, not each considered alone, often drives decisions by the courts in hostile environment harassment cases.

Jackson Lewis P.C. © 2021National Law Review, Volume X, Number 69
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About this Author

Associate

Alexandra Faver is an Associate in the Long Island, New York, office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counseling.

While attending law school, Ms. Faver was a published member, as well as the Managing Editor of Notes and Comments of the Family Court Review.  She was a member of the Moot Court Honors Board, where she won the Spring 2016 Intramural Competition.  She also served as a research assistant to the late Professor J. Herbie...

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