Hostile Work Environment Claim Dismissed; Doctrine Inapplicable Where Plaintiff Was Not Hired

From Felder v. United States Tennis Association, 2019 WL 1517511, at *3 (S.D.N.Y. April 8, 2019):

To succeed on a hostile work environment claim, a plaintiff must show that “the workplace was so severely permeated with discriminatory intimidation, ridicule, and insult that the terms and conditions of her employment was thereby altered.” Alfano v. Costello, 294 F.3d 365, 373 (2d Cir. 2004). In other words, any incidents giving rise to the hostile work environment claim must have occurred during the plaintiff’s employment. It is axiomatic that a plaintiff must be working to suffer from a hostile work environment. In this case, however, Plaintiff was never hired by the USTA and even admits in his letter that the USTA denied him employment on August 29, 2016. Therefore, Plaintiff’s hostile work environment claim fails. [Emphasis in original.]