859 F. Supp. 2d 415
E.D.N.Y.2012Background
- Conklin alleges Wilson sexually harassed him while employed by the Suffolk County Board of Elections; Wilson and Conklin had a romantic, non-supervisory relationship.
- Following a November 7, 2007 incident, Conklin alleges increased harassment and he began reporting it; Wilson obtained an Order of Protection against Conklin in 2007.
- BOE officials directed Wilson to avoid Conklin’s workspace; Conklin alleges the BOE failed to discipline Wilson appropriately.
- Conklin was reassigned to a warehouse position May–August 2008 and was later terminated August 20, 2008; the reasons for transfer and termination are disputed.
- Conklin filed complaints of harassment in 2008; the BOE conducted an internal investigation, which the plaintiff disputes as genuine.
- Plaintiff sues under Title VII, § 1983, and NYSHRL; three motions for summary judgment were filed by County Defendants, Wilson, and Garcia.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Hostile work environment based on sex | Conklin claims conduct was severe and pervasive due to Wilson's actions toward him as a man. | Conduct was not sufficiently severe or pervasive and not sex-based. | No genuine hostile environment; claims dismissed as to County Defendants |
| Retaliation against protected activity | Adverse actions (transfer to warehouse and termination) were retaliatory for harassment complaints. | Reasons were non-retaliatory (attendance, misconduct) and supported by record; causation not shown. | Genuine issue of fact; retaliation claims survive against County Defendants |
| Section 1983 Fourteenth Amendment gender discrimination | Retaliation and discrimination under Fourteenth Amendment. | No gender-discrimination claim supported; relies on Title VII instead. | Dismissed |
| Aiding and abetting NYSHRL § 296(6) against Wilson | Wilson aided in creating a hostile environment and retaliation. | No display of sufficient host environment or supervisory liability; no personal involvement. | Wilson's NYSHRL § 296(6) claim dismissed |
| Section 1983 and NYSHRL claims against Garcia | Garcia had personal involvement or failure to remedy actionable conduct. | Garcia lacked personal involvement; insufficient supervisory authority. | Garcia granted summary judgment; claims dismissed |
Key Cases Cited
- Patane v. Clark, 508 F.3d 106 (2d Cir.2007) (elements of hostile environment include objective/subjective components)
- Alfano v. Costello, 294 F.3d 365 (2d Cir.2002) (harassment must occur because of protected characteristic)
- Galdieri-Ambrosini v. Nat’l Realty & Dev. Corp., 136 F.3d 276 (2d Cir.1998) (gender-based harassment required in some cases)
- Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75 (1998) (workplace harassment must be based on sex or protected characteristic)
- Brown v. Henderson, 257 F.3d 246 (2d Cir.2001) (discrimination analysis applies across Title VII/§1983/NYSHRL claims)
- LaFond v. Gen. Physics Servs. Corp., 50 F.3d 165 (2d Cir.1995) (prima facie retaliation framework and pretext considerations)
- James v. N.Y. Racing Ass’n, 233 F.3d 149 (2d Cir.2000) (McDonnell Douglas framework and ultimate burden of persuasion on plaintiff)
- Davis v. Kelly, 160 F.3d 132 (2d Cir. 1998) (2d Cir.1998) (personal involvement and supervisor liability principles)
- Zelnik v. Fashion Institute of Technology, 464 F.3d 217 (2d Cir.2006) (objective standard for retaliation plaintiffs)