“Grossly Offensive” Behavior Unconnected to Protected Class Insufficient to State Employment Discrimination Claim

In Tavarez v. 32BJ et al, 2019 WL 5683370 (S.D.N.Y. Nov. 1, 2019), the court dismissed plaintiff’s employment discrimination claim. While plaintiff had testified that almost daily over several years her supervisor “engaged in grossly offensive behavior toward her,” she did not assert facts making out a claim under the antidiscrimination laws. The court cited well-established law that “[m]istreatment at work that occurs for a reason other than an employee’s protected characteristic or opposition to unlawful conduct is not actionable under these federal antidiscrimination statutes. [Emphasis added.]