In Kaplan v. NYC Dept. of Health and Mental Hygiene et al., the plaintiff recently filed a Notice of Appeal from a May 16, 2014 decision and order dismissing her sexual harassment and retaliation claims.
In this case, plaintiff alleged that she suffered harassment and a hostile work environment after being forced to watch a co-worker masturbate.
In dismissing her case, the lower court found
that Plaintiff was not treated differently because of her sex since she was simply present while Defendant Shapsis allegedly engaged in conduct that Plaintiff perceived as masturbatory. Plaintiff does not claim that the single incident of alleged conduct was directed toward her. She also does not allege a single additional instance of behavior by Defendant Shapsis. Thus, this Court finds that the conduct alleged by Plaintiff was not ‘severe and pervasive’. It is nothing more than a trivial inconvenience.
Hopefully the Appellate Division will correct what appears to be an incorrect application of the New York City Human Rights Law.