In Torres v. City of New York, 2019 WL 1765223 (S.D.N.Y. April 22, 2019), the court, inter alia, dismissed plaintiff’s employment discrimination and hostile work environment claims.
From the decision:
The Complaint describes two incidents in which Chu made disparaging remarks in Plaintiff’s presence over the course of two years. The first incident occurred in the restroom at an off-duty social event in June 2013. The second incident occurred on August 10, 2015, in front of several officers at the 48th Precinct while Plaintiff and Chu were on duty. Chu’s comments in June 2013 and August 2015, although inappropriate, are too episodic to constitute a hostile work environment claim. … The Complaint also alleges that Chu would “make grunting and animal noises directed at Plaintiff,” but provides no details about the duration and frequency of this conduct, how it was tied to Plaintiff’s sexual orientation nor who observed it. Construing the facts in favor of Plaintiff, this allegation is too vague to support a hostile work environment claim.