473 F. App'x 28
2d Cir.2012Background
- Cristofaro, a former Lake Shore High School teacher, sues the Lake Shore Central School District and supervisor Redman for gender discrimination and retaliation.
- District court granted summary judgment against Cristofaro on hostile environment and retaliation claims.
- Evidence spans 1999–2006: Redman occasionally commented on appearance, engaged in a bet about sexual dialogue, and other mildly improper conduct.
- Cristofaro testified Redman never touched her sexually and no out-of-work relationship was sought.
- The Second Circuit affirms, holding no severe/pervasive hostile environment, and no materially adverse retaliation; timely but non-adverse discrete claims remain unpersuasive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Hostile work environment: is conduct severe or pervasive? | Cristofaro alleges persistent gender-based harassment. | Conduct was infrequent, non-sexual, or not severe. | No objectively hostile environment |
| Timeliness and admissibility of discrete claims | Evidence outside 300-day window supports hostile environment claim. | Time-barred discrete claims should be dismissed; hostile environment controls. | Discretionary; hostile environment rejected; some timely claims dismissed as non-adverse |
| Retaliation sufficient to be adverse action | Redman’s denial of unpaid advisor position was retaliatory and discouraging. | It was de minimis and not materially adverse. | Not an adverse employment action; retaliation claim fails |
Key Cases Cited
- National R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (U.S. 2002) (allowing consideration of conduct over entire period for hostile environment)
- Petrosino v. Bell Atl., 385 F.3d 210 (2d Cir. 2004) (circumstantial basis for sex discrimination may come from facially neutral acts)
- Alfano v. Costello, 294 F.3d 365 (2d Cir. 2002) (factors for hostile work environment analysis)
- Oncale v. Sundowner Offshore Servs., 523 U.S. 75 (U.S. 1998) (no general civility code; consider totality of circumstances)
- Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53 (U.S. 2006) (adverse action standard for retaliation)