Race, Sex-Based Hostile Work Environment Claims Dismissed; “Sporadic Hostile Behavior” Insufficient

In Thomas v. Jonathan Mintz, Commissioner New York City Department of Consumer Affairs and the City of New York, 2018 NY Slip Op 51169(U), 2018 WL 3652302 (N.Y. Sup. Ct. N.Y. Cty. Aug. 1, 2018), the court, inter alia, dismissed plaintiff’s race- and sex-based hostile work environment claims under the New York State and City Human Rights Laws.

From the decision:

Plaintiff has failed to state a hostile work environment claim under the SHRL and CHRL. The legal standard for a hostile work environment claim requires plaintiff to show that ‘she has been treated less well than other employees because of her protected status or that discrimination was one of the motivating factors for the defendant’s conduct … . Among other things, plaintiff claims sporadic hostile behavior directed towards her …, the referral to see defendants’ psychiatrist, and defendants’ letter indicating their intent to place plaintiff on a leave of absence. While plaintiff may have found these incidents and comments offensive, her interactions with defendants taken together did not create an environment permeated with discriminatory intimidation, ridicule and insult … . Here, plaintiff offers this court no factual allegations to suggest that race-based or gender-based discrimination resulted in a hostile work environment … . Accordingly, defendants are granted dismissal of plaintiff’s hostile work environment claims under the SHRL and the CHRL.

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