In Alcy v. Northwell Health, Inc., 2025 WL 835647 (S.D.N.Y. March 14, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of a race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964.
From the decision:
With respect to Portoro, Plaintiff alleges that discriminatory comments based on her race and a disproportionate workload assigned by Portoro constitute a hostile work environment. A disproportionate workload can support a hostile work environment claim. See Kirkland-Hudson, 2024 WL 4277940, at *13. As discussed above, Plaintiff’s claim of disproportionate workload fails because a similarly situated comparator from Plaintiff’s protected group (Timms) was treated more favorably than Plaintiff, thereby undermining any comparison between Plaintiff and a similarly situated comparator outside her protected group (Peruccio). See supra Section II.C.1.a.ii. Plaintiff’s hostile work environment claim “rises and falls with her discrimination claim” to the extent both relate to a disproportionate workload. Kirkland-Hudson, 2024 WL 4277940, at *13. Accordingly, Plaintiff cannot sustain her hostile work environment claim on a claim of a disproportionate workload.
That leaves Portoro’s alleged discriminatory comments. The Parties dispute whether Portoro made comments as to Plaintiff’s race. They also dispute the frequency and nature of Plaintiff’s complaints about Portoro to Davis. The existence of these disputes compels denial of summary judgment as to this claim as it relates to Portoro’s comments and how those comments may support Plaintiff’s argument as to pretext. Kirkland-Hudson, 2024 WL 4277940, at *17 (denying summary judgment where there was an issue of material fact as to pretext); Bernardi, 2023 WL 3230558, at *9 (same); Buczakowski, No. 18-CV-330, 2022 WL 356698, at *13–14 (N.D.N.Y. Feb. 7, 2022) (same).
[Citations omitted.]
By contrast, the court held that a single incident – pertaining an alleged racial comment by a co-worker – did not qualify as extraordinarily severe.