August 30, 2023

Second Circuit Rejects Severe or Pervasive Standard for Retaliatory Hostile Work Environment Claim

Title VII of the Civil Rights Act of 1964 prohibits various forms of workplace discrimination, including discrimination based on sex, race, religion, and national origin. Title VII also includes an anti-retaliation provision which protects employees who complain about or oppose conduct which is unlawful under Title VII. This is referred to as engaging in protected activity.

To prove a discrimination or retaliation claim in court, an employee must prove, among other things, that he or she suffered an adverse action. At Famighetti & Weinick PLLC, we typically describe this requirement as having to show that the employer did something bad enough in the eyes of the law. One thing an employer may do to an employee in retaliation for an employee engaging in protected activity is to subject to the employee to a retaliatory hostile work environment.

In August 2023, the United States Court of Appeals for the Second Circuit issued an opinion clarifying the legal standard used to analyze retaliatory hostile work environment claims. Today’s Long Island employment law blog takes a look at the case Carr v. New York City Transit Authority.

March 3, 2021

Judge Rules Firm’s Case Against Long Island Fire Department Can Proceed

by Famighetti & Weinick

In November 2020, the Long Island employment law firm Famighetti & Weinick PLLC filed a federal lawsuit against a Long Island volunteer fire department on behalf of a female volunteer firefighter. The lawsuit alleged that the department discriminated against the firefighter based on her sex, then retaliated against her when she complained about the discrimination. The fire department asked the court to dismiss the case. Today’s Long Island employment law blog discusses the lawsuit, the department’s motion, and the court’s decision.

The lawsuit alleges that the female volunteer firefighter is currently the only female in the department. Unlike her male counterparts, the female firefighter alleged that she was treated differently by being subject to unwarranted scrutiny over work on department committees. She further alleged that stipends and budgets under her control were cut to levels lower than males who had previously held her position.

After years of ongoing disparate treatment, the firefighter eventually brought her complaints to the department’s attention. After making the complaint, individuals in the department tried to oust her from her position as an officer of the department, and took other action allegedly in retaliation for her complaints. Ultimately, the fire department decided that her claims lacked merit, so she filed a charge of discrimination with the Equal Employment Opportunity Commission.

October 30, 2020

Hostile Work Environment Verdict Examined by Appellate Court

by Famighetti & Weinick

What conduct constitutes a hostile work environment? How can a municipality be held responsible for a hostile work environment created by its employees? New York’s federal appellate court recently addressed these questions in the case Legg v. Ulster County. Today’s Long Island employment law blog discusses these issues, and how the Court of Appeals decided the case.

At Famighetti & Weinick PLLC, one of the leading inquiries we see as Long Island employment lawyers is “I’m working in a hostile work environment.” A hostile work environment is a legal term of art. While many employees subjectively consider themselves as facing a hostile work environment, the law does not recognize all hostile environments as being actionable in court. In other words, the law does not allow all employees to sue their employers for a hostile work environment.

Among other things, to sue an employer for a hostile work environment, the hostility must be based on a protected characteristic of the employee (such as sex, gender, age), the conduct must be sufficiently “severe or pervasive,” and, at least under federal law, there must be a basis for holding the employer responsible for the actions of its employees. These “elements” of a hostile work environment claim are not black and white issues, so employers and employees often hotly dispute these points in court.

March 7, 2020

Neutral Acts Can Support a Hostile Work Environment

by Famighetti & Weinick

On March 6, 2020, the United States Court of Appeals for the Second Circuit, in New York, handed a gift to employees. The Court reviewed issues related to (1) hostile work environment claims and (2) the standard for retaliation claims. On both issues, the Court’s decision came out highly favorable for employees. Today’s Long Island employment law blog discusses the decision in Rasmy v. Marriott International, Inc.

Hostile Work Environment Claims are Fact Intensive and Should Not Be Decided on Summary Judgment

Under federal law, a hostile work environment claim must show, among other things, that the employee was subjected to abusive and unwelcome conduct based on the employee’s membership in a protected class. Further, the conduct must be severe or pervasive such that it altered the terms and conditions of the employee’s employment. Notably, New York law expressly eliminates the severe or pervasive standard, so that showing is not necessary when suing under state law, but still must be met when suing in New York, but under federal law. The Rasmy decision addresses the requirements (1) conduct based on the employee’s protected class and (2) the terms and conditions of employment. These points are discussed below.

August 5, 2019

Amendments to New York’s Sexual Harassment and Discrimination Laws

by Famighetti & Weinick

The phrase “sexual harassment” has certainly been in the news lately. But, it may be hard to discern when an individual has been a victim of sexual harassment in the workplace, at least in the eyes of the law. The United States Supreme Court has established standards for courts to follow when analyzing sexual harassment claims, yet it is still difficult for judges around the country to determine whether an employer has participated in unlawful activity.

The Supreme court has created a high standard under federal law that plaintiff-employees must clear in order to prove that they were victims of sexual harassment. Fortunately for New York employees, on June 19, 2019, the New York State Legislature approved a bill (S.B.6577) that offers more workplace protections for workers. Below are some of the amendments the bill seeks to make to New York State sexual harassment laws.

Elimination of the Faragher-Ellerth Defense

April 9, 2019

What Acts Can be Considered For a Hostile Work Environment Claim?

by Famighetti & Weinick

For federal workplace discrimination claims in New York, employees must file a charge of discrimination with the EEOC within 300 days of the discriminatory act in order to preserve their right to sue the employer. But, oftentimes for hostile work environment claims, the employee doesn’t reach a breaking point until after enduring perhaps months or years of abuse. Does the employee lose the right to sue based on acts which occurred before the 300 day filing period? On April 8, 2019, New York’s federal appellate court answered that question, and clarified several other important points of law concerning employment cases. Today’s Long Island employment law blog explains.

For an employee to have a hostile work environment claim against an employer, the employee must be able to show the employer’s abusive conduct was either severe or pervasive. When showing pervasive conduct, the employee must show many hostile and abusive acts took place frequently over a period of time. But, employees must file charges of discrimination within 300 days of the discriminator act.

In Davis-Garett v. Urban Outfitters and Anthropologie, the plaintiff alleged she was subjected to a hostile work environment at three different store locations and over the course of more than a year, ending in September 2013. But, the plaintiff did not file a charge of discrimination with the EEOC until December 2013. The trial court ruled that the everything that happened from before 300 days before the EEOC charge was filed, would not be considered.

March 7, 2019

Hostile Work Environments: Severe or Pervasive Standard Reviewed by Court

by Famighetti & Weinick

Are you facing a hostile work environment? You may think so, but courts may not agree. Employment law requires employees to show that they faced severe or pervasive abusive conduct in the workplace, to prove a hostile work environment claim. What is severe or pervasive conduct? Today’s Long Island employment law blog explains.

Courts have long stated that their role is not to keep workplaces civil. So, many employees may believe their bosses and/or coworkers are mistreating them, but the law would not regard the conduct as unlawful. Employment laws only prohibit abusive conduct which is directed at employees based on the employee’s protected characteristics, such as sex, gender, race, or national origin. Moreover, the conduct must be severe or pervasive. The legal definition of severe of pervasive has been settled for a while, but because it’s a somewhat of a nebulous definition, courts and lawyers sometimes have trouble discerning when conduct meets that standard.

In Fox v. Costco, decided on March 6, 2019, the Second Circuit provided insight into questions. First, can an employee claim he subjected to a hostile work environment based on a disability? Second, what kind of conduct can be severe or pervasive. Let’s take the questions in turn.

February 21, 2019

Are Rumors About Sex in the Workplace a Hostile Work Environment

by Famighetti & Weinick

If employees gossip or spread rumors about a co-worker falsely having sex with a supervisor, does that constitute a hostile work environment? At least one federal appellate court says yes, at least if the employer knew about the rumors, participated in spreading the rumors, and disciplined the worker based on the rumor. Today’s Long Island employment law blog discusses this workplace issue.

In Parker v. Reema Consulting Services, the plaintiff was initially hired to a low level warehouse position with the company. But, in the course of two years, the plaintiff, a female, was promoted several times, eventually to an assistant manager position. Within weeks of this promotion, male employees began circulating rumors that the plaintiff had a sexual relationship with a high ranking manager, and that she entered into the relationship for the purpose of obtaining the promotions. The rumors started from a male employee who was jealous about the plaintiff’s quick rise to her position.

The plaintiff met with the highest ranking manager at her location to discuss the matter. At the meeting, the manager blamed the plaintiff for “bringing the situation into the workplace,” and warned her that he could not recommend her for any further promotions because of the rumor. He specifically stated she would not progress any higher in the company because of the rumor.

December 7, 2018

I thought I can’t sue my employer?

by Famighetti & Weinick

Famighetti & Weinick PLLC are Long Island employment lawyers. We receive many calls each week from potential clients and we hear a wide variety of questions from them. One question we hear a lot is “I thought I can’t sue my employer?” Why do employees ask this question and what’s the answer? Today’s Long Island employment law blog explores this issue.

Personal injury law applies when employees are hurt or injured in the workplace. In New York and on Long Island, workers compensation law covers situations where employees are hurt at work. Under workers compensation, employees generally cannot sue their employers for workplace injuries. Because many people are familiar with the concept of workers compensation, they believe that the rule prohibiting lawsuits based on workplace injuries applies to all workplace matters.

But, workers compensation does not act as a prohibition against all lawsuits relating to the workplace. Even in the world of personal injury, sometimes employees can still pursue lawsuits based on injuries incurred in the workplace. For example, employees injured from construction site accidents may be able to sue the property owner or a general contractor. Further, employees injured in a car accident may be able to sue the other driver. Similarly, if a worker is injured on property which does not belong to the employer, the worker may be able to sue the property owner. Also, New York’s scaffolding law protects employees working with ladders, or otherwise working at heights. Before concluding that you cannot recover for your workplace injuries in court, it’s best to consult with an experience employment lawyer or a personal injury lawyer.

December 4, 2018

Firm’s Age Discrimination Case Against Investment Bank to Proceed to Hearing

by Famighetti & Weinick

The Long Island employment lawyers at Famighetti & Weinick PLLC obtained a decision that probable cause exists to believe that a national investment bank discriminated and retaliated against their client. The case will be scheduled for a public hearing at the New York State Division of Human Rights.

The age discrimination and retaliation case was brought on behalf of one of the bank’s traders. According to the allegations in the case, the trader had been successfully working on Wall Street for decades. Then, co-workers and supervisors began subjecting the trader to a hostile work environment based on his age. The abusive conduct consisted of age based jokes and comments, some of which were documented in e-mails. The complaint filed with the New York State Division of Human Rights detailed other improper hostile workplace conduct directed at the trader based on his age.

Further, the trader complained about the age discrimination on multiple occasions, also at times in writing. Despite these complaints, the hostile work environment continued. The trader opposed other unlawful discriminatory conduct in the workplace and after one such time, a supervisor threatened to run the trader out of the company. Indeed, soon after these complaints, the bank issued a poor performance evaluation to the trader and removed from him many of his top accounts. The complaint alleged that the reasons the bank gave the trader for removing the accounts were demonstrably untrue. Ultimately, the bank terminated the trader’s employment.