Redd v. New York Division of Parole
678 F.3d 166
| 2d Cir. | 2012Background
- Redd, a parole officer since 1990, sued the New York Division of Parole for Title VII claims.
- In 2005, Area Supervisor Washington allegedly touched Redd’s breasts three times at the Queens I Office.
- Redd reported concerns to Burgos, the HR director, but claims no effective action was taken.
- Washington denied touching Redd and the Division submitted affidavits from Washington and Burgos.
- The district court granted summary judgment dismissing the hostile environment claim, finding the conduct not sufficiently severe or pervasive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Washington’s three touches were severe or pervasive. | Redd: conduct was severe and pervasive. | Division: conduct was minor/incidental and not pervasive. | Yes, a factfinder could find severe/pervasive conduct. |
| Whether the harassment was because of Redd’s sex. | Redd: conduct was sex-based discrimination. | Division: no credible evidence of sex-based motivation. | Yes, evidence supports inference of discrimination by sex. |
| Whether summary judgment was proper given material factual disputes. | Redd: there are genuine issues of material fact. | Division: no triable issues; evidence shows no liability. | No; issues of fact preclude summary judgment on this claim. |
| Liability of the Division under supervisor-related harassment (Ellerth/Faragher defense). | Division cannot avoid liability if conduct by supervisor altered conditions. | Affirmative defense may apply if prevention/correction and plaintiff’s failure to use them are shown. | Factual issues exist; defense viability requires trial. |
Key Cases Cited
- Meritor Savings Bank v. Vinson, 477 U.S. 57 (U.S. 1986) (establishes hostile environment standard and objective/subjective components)
- Oncale v. Sundowner Offshore Servs., 523 U.S. 75 (U.S. 1998) (same-sex harassment framework and proof of sex-based discrimination)
- Harris v. Forklift Systems, Inc., 510 U.S. 17 (U.S. 1993) (requires severe or pervasive conduct to alter conditions of employment)
- Faragher v. City of Boca Raton, 524 U.S. 775 (U.S. 1998) (outline of employer liability and defenses in harassment cases)
- Ellerth v. Burlington Industries, 824 U.S. 761 (U.S. 1998) (employer liability framework when no tangible employment action)