Plaintiff Sufficiently Alleges Sex and Race-Based Hostile Work Environment Claims Against the City of New York, Court Holds

In Dixon v. City of New York, No. 161050/2022, 2024 WL 1995142 (N.Y. Sup Ct, New York County May 6, 2024), the court, inter alia, held that plaintiff sufficiently alleged claims of race discrimination, gender discrimination, hostile work environment, retaliation, and religious discrimination (failure to accommodate).

As to plaintiff’s hostile work environment claims, the court explained:

Under the NYCHRL, a plaintiff claiming a hostile work environment need only demonstrate that he or she was treated ‘less well than other employees’ because of the relevant characteristic” (Bilitch v New York City Health & Hosp. Corp., 194 AD3d 999, 1003 [2d Dept 2021], quoting Reichman v City of New York, 179 AD3d 1115, 1118 [2d Dept 2022]). Here, Plaintiff pleads that she was treated worse due to her race and gender. Specifically, Plaintiff states within her complaint that men in the command did not have disrupted childcare, were granted transfers, were not forced to complete work before being granted lucrative transfers, received less discipline, were given more overtime, were not given additional assignments while waiting to transfer, were granted vacations, had approved childcare arrangements, and submitted for and received promotions. Further, Plaintiff underscores a comment defendant Profeta allegedly made in which he indicated that he did not want another Black woman he forced out to return to his command.

Based on this, the court held that plaintiff sufficiently alleged a hostile work environment.

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