There are myriad behaviors that fall under the umbrella of gender discrimination. For example, a person’s employment may suffer due to his or her gender by way of a demotion or denial of a promotion. In other instances, derogatory comments or threatening behavior based on a person’s gender may create a hostile work environment. Although in some cases, a person may be subject to gender discrimination and may experience a hostile work environment, individual acts of discrimination do not necessarily equate to a hostile work environment, as demonstrated in a recent case decided by the United States District Court for the Southern District of New York. If you suffered discrimination in the workplace due to your gender, it is wise to speak with an experienced New York employment discrimination attorney regarding your potential claims.
Allegedly, the plaintiff worked for the defendant for 34 years. At one point, she held the position of a supervisor of customer services, but her position was modified due to the fact that there were not enough employees to warrant a supervisor. She was advised, however, that if the position were reinstated, she would be restored to that position. Subsequently, in 2015 the plaintiff applied for the position of supervisor of customer services. No interviews were conducted for the position, which was given to a man who never applied for the position. The man then left the position, and the plaintiff once again applied for the position.
It is reported that the plaintiff’s supervisor gave the position to someone outside of the protected class a second time, after which the plaintiff filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC). After the plaintiff filed the EEOC complaint, she allegedly experienced a hostile work environment. Ultimately, the plaintiff filed a lawsuit against the defendant alleging claims of discrimination and hostile work environment in violation of Title VII. The defendant then filed a motion to dismiss the hostile work environment claims.