In Parker v. New York City Transit Authority, No. 517416/2021, 2026 WL 1047079 (N.Y. Sup. Ct. Apr. 14, 2026), the court, inter alia, held that plaintiff sufficiently alleged hostile work environment claims under the New York City Human Rights Law (NYCHRL).
From the decision:
Defendant next argues that plaintiff’s hostile work environment allegations are no more than complaints about slights and inconveniences. The NYCHRL is more protective than its state and federal counterpart discrimination standards and the standard for maintaining a hostile work environment claim is lower under the NYCHRL where the plaintiff need not demonstrate that the treatment was severe or pervasive but that they have been treated less well than other employees because of their membership in a protected class. Even if the plaintiff points to evidence of unequal treatment, defendant may prevail by pointing out that the conduct in question could only be reasonably interpreted by a trier of fact as representing no more than petty slights or trivial inconveniences. Summary judgment should normally be denied to a defendant if there exists triable issues of fact as to whether such conduct occurred. Here, Fiorillo’s alleged sexual comments were directed at the plaintiff, were of such frequency and offensiveness that it caused Parker to request a transfer to avoid Fiorillo, and Fiorillo’s denial of saying these comments to plaintiff in his deposition creates a triable issue of fact as to whether it happened. Plaintiff’s allegations of sexual comments, if credited, are sufficient to permit a finding that plaintiff was treated less well than other employees because of gender, and exceeds petty slights or trivial inconveniences. Accordingly, summary judgment on plaintiff’s NYCHRL sexual harassment hostile work environment claim is denied. While much of defendant’s conduct as to Parker’s black woman and military status NYCHRL hostile work environment claim cannot be considered more than petty slights or inconveniences, including: being called a tyrant, having her authority undermined by a supervisor, a supervisor commenting or evaluating Parker’s perceived incompetence, the Maintainers’ Petition where plaintiff was personally named and Parker’s disappearing desk belongings and parking pass issues could be considered as more than just petty slights or inconveniences. As with plaintiff’s NYCHRL discrimination claim, the petition creates a triable issue of fact as to whether the Maintainers treated Parker less well due to her membership in a protected class due to the comment by Krajewski that Parker was being treated this way by the Maintainers because of her identity as a black female. Similarly, the tangible workplace deprivation including her unrecovered desk belongings and parking pass being withheld despite her request for a replacement in the context of this occurring after her return from military leave creates a triable issue of fact as to whether this treatment was because of Parker’s military leave. (Cleaned up.)
Accordingly, the court held that Summary judgment on plaintiff’s NYCHRL hostile work environment claims, based on her being a black woman and her military status, will be denied.