In Jordan v. United Health Group Inc., No. 18-2268, 2019 WL 4071943 (2d Cir. Aug. 29, 2019) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964.
The court briefly summarized the law: “A hostile work environment claim requires a showing (1) that the harassment was sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment, and (2) that a specific basis exists for imputing the objectionable conduct to the employer.”
It then proceeded to apply the law to the facts:
Jordan does not explain how being disciplined for her unplanned absences and tardy arrivals created a hostile work environment. Without evidence indicating that she experienced severe or pervasive conduct, Jordan’s hostile work environment claim fails. Even if discipline for violating an office policy constitutes a form of harassment, Jordan did not show that the harassment was based on her race. She offered no evidence demonstrating that she was targeted because she was black or that other, non-black employees received better treatment.
Therefore, the court found that the district court properly granted summary judgment to defendant on plaintiff’s hostile work environment claim.