Jewanta Desardouin v. City of Rochester
2013 U.S. App. LEXIS 3513
| 2d Cir. | 2013Background
- Desardouin, a female supervisor in the Rochester Police Department's Security Operations, alleges weekly sexual remarks by her supervisor McIntyre beginning May 2007, including comments about her husband; remarks persisted for at least two to three months.
- She reported the conduct to McIntyre's superiors, sought relief from the Office of Integrity, and made internal and state complaints beginning in January 2008, including a NYSDHR filing on January 15, 2008.
- In October/November 2008, she submitted a recording of McIntyre and another supervisor discussing tampering with her computer.
- Desardouin filed a federal complaint on December 4, 2008 alleging continuing retaliation after initial complaints; alleged adverse actions included increased administrative tasks and schedule changes.
- She was discharged in February 2009 after admitting to unauthorized recordings; the district court granted summary judgment to defendants on retaliation and state-law claims, while addressing a hostile work environment claim that this opinion later remanded to trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the hostile work environment claim suffices for trial | Desardouin argues pervasive weekly sexual remarks altered terms of employment | City/McIntyre contend remarks not severe or pervasive enough | Yes, warrants trial on Title VII discrimination claim |
| Whether retaliation claims were properly dismissed | Retaliation actions continued after complaints and were causally linked | Proffered legitimate reason for termination; misconduct legitimate | Dismissed; legitimate non-discriminatory reason supported by record |
| Whether NYSHRL claim is barred by election of remedies | Plaintiff may pursue NYSHRL remedy | N.Y. Exec. Law § 297(9) precludes court action after local remedy filing | Barred; NYSHRL claim foreclosed by election of remedies |
| Whether district court erred in granting summary judgment on related claims | Discriminatory environment claims survive summary judgment | Ruling appropriate given evidence | Remanded on hostile environment; retaliation and state-law claims affirmed or dismissed as indicated |
Key Cases Cited
- Alfano v. Costello, 294 F.3d 365 (2d Cir. 2002) (test for hostile work environment; requires pervasive conduct or severe single incident; sex-based impact)
- Cruz v. Coach Stores, Inc., 202 F.3d 560 (2d Cir. 2000) (continuous and concerted conduct required to be pervasive)
- Perry v. Ethan Allen, Inc., 115 F.3d 143 (2d Cir. 1997) (factors in determining pervasiveness of conduct)
- Harris v. Forklift Sys., Inc., 510 U.S. 17 (1993) (relevance of frequency, severity, and interference with work; plaintiff's perception)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (burden-shifting framework for retaliation claims)