In Jahan v. New York City Health and Hospitals Corp., No. 158707/2021, 2023 WL 173200, 2023 N.Y. Slip Op. 30107(U) (N.Y. Sup Ct, New York County Jan. 11, 2023), the court, inter alia, held that plaintiff – a woman of Indian ethnicity, Muslim religion, and Bangladesh national origin – sufficiently alleged a hostile work environment under the New York State and City Human Rights Laws.
From the decision:
To determine whether a work environment is hostile, the Court must consider whether “the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.” Harris v Forklift Sys., 510 US 17, 21 (1993). Factors to consider include the frequency of the discriminatory conduct, its severity, whether it is physically threatening or humiliating, and whether it unreasonably interferes with the employee’s work performance.
HHC argues that alleged sporadic events and comments do not amount to a hostile work environment under the State HRL or City HRL. Again, defendant asserts that none of the allegations sufficiently altered plaintiff’s employment and that plaintiff fails to plead facts to suggest the alleged unequal treatment is more than “petty slights and trivial inconveniences.” Williams v NY City Hous. Auth., 61 AD3d 62, 79-80 (1st Dept 2009).
Plaintiff contends that she set forth sufficient facts to plead a hostile work environment claim, including her continuous promotion denials, negative performance evaluations, overtime denials, and counseling sessions. Plaintiff also asserts that she was harassed during Ramadan, a period of religious fasting, and that it was this harassment that led her to become physically and mentally ill.
Based on the standards articulated above, and considering all of the circumstances, the Court finds that plaintiff has sufficiently plead a hostile work environment claim. Plaintiff need not show that the alleged behavior constitutes more than a “petty slight or trivial inconvenience.” Williams v NY City Hous. Auth., 61 AD3d 62, 79-80 (1st Dept 2009).
[Cleaned up.]
The court concluded that, liberally construing the complaint and accepting all of the facts therein as true, plaintiff sufficiently pleads that the alleged conditions created a hostile work environment.