992 F. Supp. 2d 252
S.D.N.Y.2014Background
- Jaffe & Asher is a New York law firm; Tseng is its director of information technology.
- Pryor began working for Jaffe & Asher in November 2012 under Tseng’s supervision.
- On June 3, 2013, Tseng invited Pryor to a bar after work; Pryor had recently suffered domestic violence and remained distressed.
- Tseng allegedly touched Pryor’s hand in a sexual manner, then forcibly kissed her neck after attempting to embrace her.
- Pryor left the bar, experienced extreme emotional distress, and her psychologist warned that returning to work would worsen her health.
- Plaintiff filed July 1, 2013, asserting seven claims across wage, discrimination, hostile environment, constructive discharge, battery, and notice-law theories; Defendants sought to dismiss the third, fourth, and fifth claims (NYSHRL hostile environment, NYCHRL hostile environment, constructive discharge).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NYSHRL hostile environment claim is plausibly alleged | Pryor alleges gender-based, severe conduct by a supervisor. | The conduct is not sufficiently severe or pervasive as a matter of law. | Denied; claims survive to proceed to trial. |
| Whether NYCHRL hostile environment claim is plausibly alleged | NYCHRL is more protective; gender-based discrimination shown. | Arguments rely on a defense that conduct was petty or not prohibited; and waiver concerns. | Denied; NYCHRL claim viable as a matter of law. |
| Whether constructive discharge claims survive under NYSHRL/NYCHRL | Constructive discharge arises from intolerable workplace conditions. | If hostile environment claim fails, constructive discharge should fail. | Denied; independent constructive discharge claims proceed. |
Key Cases Cited
- Patane v. Clark, 508 F.3d 106 (2d Cir.2007) (hostile environment standard and severity analysis)
- Alfano v. Costello, 294 F.3d 365 (2d Cir.2002) (severe or pervasive standard includes objective/subjective elements)
- Rojas v. Roman Catholic Diocese of Rochester, 660 F.3d 98 (2d Cir.2011) (discriminatory conduct must be sufficiently severe or pervasive to alter conditions)
- Terry v. Ashcroft, 336 F.3d 128 (2d Cir.2003) (test for hostile workplace claims focuses on altered conditions for the employee)
- Mihalik v. Credit Agricole Cheuvreux N. Am., Inc., 715 F.3d 102 (2d Cir.2013) (NYCHRL requires discrimination showing and totality of circumstances)
- Bermudez v. City of New York, 783 F. Supp. 2d 560 (S.D.N.Y.2011) (NYCHRL more protective; discrimination may be inferred from conduct)
- Scott v. City of New York Dep’t of Correction, 641 F. Supp. 2d 211 (S.D.N.Y.2009) (illustrative of extraordinarily severe single incident)
- Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75 (1998) (ordinary socialization in the workplace generally not prohibited)
- Miller v. Praxair, Inc., 408 F. App’x 408 (2d Cir.2010) (constructive discharge standards are demanding)