In Southerland v. Phoenix Constructors JV, 2017 NY Slip Op 32027(U) (Sup. Ct. NY Cty. 156005/15 Sept. 26, 2017) (J. Kotler), the court (inter alia) denied defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment claim.
From the decision:
Here, contrary to defendants’ argument, plaintiff has set forth with sufficient particularity that she was subject to an objectively hostile or abusive work environment within the meaning of the NYSHRL. Indeed, while plaintiff testified in depth as to the exchange/encounter on April 21, 2008, she testified that her coworker, Santillo, referred to her as a bitch on multiple occasions. Plaintiff’s supervisor also called her a bitch.
The court “reject[ed] defendants’ characterization of the complained-of conduct as just occasional isolated acts” and held that it was of no “moment that Santillo called plaintiff a bitch on April 21, 2008
because he was in a ‘funk'”, noting that “[i]t is for a fact-finder to determine such matters of credibility to the extent that Santillo disputes plaintiff’s factual claims regarding the extent and severity of the underlying conduct.”