Age-Based Hostile Work Environment Claim Survives Against Harlem Hospital

In Mandeville v. NYC Health & Hospitals, No. 159748/2020, 2021 WL 2165639, 2021 N.Y. Slip Op. 31815(U) (N.Y. Sup Ct, New York County May 18, 2021), the court, inter alia, held that plaintiff sufficiently alleged an age-based hostile work environment claim under the New York City Human Rights Law.

After determining that plaintiff sufficiently alleged claims for discrimination, the court turned to plaintiff’s hostile work environment claim.

From the decision:

 To state a claim for a hostile work environment, a plaintiff must allege that “[s]he 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” (Chin v New York City !Ious. Auth .. 106 AD3d 443, 445 [1st Dept 2013]). “Whether an environment is ‘hostile’ or ‘abusive’ can be determined only by looking at all the circumstances” (Schwapp v Town a/Avon, 118 F3d 106, I I 0 l2d Cir 1997]). As previously discussed, plaintiff alleges he was the subject of at least one directed comment from Carrington suggesting that he was too old to perform his work, and that he was terminated on the basis of his age. Accordingly, the court finds that plaintiff has adequately alleged a claim for hostile work environment against defendants under the NYCHRL.

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