Sarkis v. Ollie's Bargain Outlet
560 F. App'x 27
2d Cir.2014Background
- Sarkis sues Ollie’s Bargain Outlet for hostile work environment and retaliation under Title VII and NYSHRL.
- District court granted summary judgment to Ollie’s on both claims.
- Stayer (Loss Prevention Manager) allegedly created harassment; viewed as non-supervisor by court.
- Ollie’s had harassment complaint procedures Sarkis did not utilize.
- For retaliation, Ollie’s argued a legitimate non-retaliatory reason for discipline and firing; district court accepted this? (summary reported)
- Second Circuit AFFIRMS district court’s grant of summary judgment for Ollie’s on both claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Hostile work environment liability? | Sarkis argues employer liable for co-worker harassment. | Ollie’s asserts non-supervisory harassment and no knowledge/rectification failure. | No triable fact; no supervisor liability; procedures not violative. |
| Remedial action knowledge and failure to act? | Ollie’s knew about harassment but failed to remediate. | Sarkis did not use procedures; employer acted appropriately. | Ollie’s not liable for failure to remediate under Fairbrother. |
| Retaliation under Title VII? | Discipline/firing was causally linked to protected activity. | Legitimate non-retaliatory reasons for discipline; pretext not shown. | No but-for causation; district court proper to grant summary judgment. |
Key Cases Cited
- Faragher v. City of Boca Raton, 524 U.S. 775 (1998) (supervisor liability for hostile environment)
- Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 (1998) (employer vicarious liability framework)
- Fairbrother v. Morrison, 412 F.3d 39 (2d Cir. 2005) (knowledge-based vicarious liability for non-supervisory harassment)
- Anderson v. Liberty Lobby, 477 U.S. 242 (1986) (summary judgment standard for evidence)
- Fincher v. Depository Trust & Clearing Corp., 604 F.3d 712 (2d Cir. 2010) (harassment standard: more than a few incidents required)
- Nassar v. Univ. of Texas Southwestern Med. Ctr., 133 S. Ct. 2517 (2013) (but-for causation in retaliation claims)
- Hicks v. Baines, 593 F.3d 159 (2d Cir. 2010) (McDonnell Douglas burden-shifting framework and causation)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (burden-shifting framework for retaliation)