Hostile Work Environment Claim Dismissal Affirmed; Alleged Insults Insufficiently “Severe or Pervasive”

In Fletcher v. ABM Building Value, 2019 WL 2288327 (2d May 29, 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s discrimination, hostile work environment, and retaliation claims.

Plaintiff alleged, inter alia, that her direct supervisor and two other supervisors “made comments motivated by her race, gender, and sex, including calling her a ‘bitch’ and ‘black bitch,’ and referring to her as ‘bubble girl.'”

As to her hostile work environment claim, the court explained:

Fletcher argues that there was a hostile work environment at ABM because of the “repeated racist and sexist slurs.” Appellant’s Br. at 47. To establish a hostile work environment claim, “a plaintiff must show that the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.” Raspardo v. Carlone, 770 F.3d 97, 114 (2d Cir. 2014) (internal quotation marks omitted).

Here, Fletcher’s hostile work environment claim fails because she has not presented evidence from which a jury could find that the insults were sufficiently severe or pervasive to alter the conditions of her employment. In fact, Fletcher could not remember the time or context in which many of the alleged remarks occurred. Accordingly, the district court properly dismissed Fletcher’s hostile work environment claim.