In Ramirez v. NYP Holdings, Inc., 18-cv-12058, 2020 WL 470011 (S.D.N.Y. Jan. 29, 2020), the court held, inter alia, that plaintiff sufficiently alleged a hostile work environment claim under Title VII of the Civil Rights Act of 1964.
From the decision:
Plaintiff has alleged that, throughout his time working at the Printing Center he was subjected to slurs such as “typical Spic” and degrading comments similar to those made by Sullivan on November 16, 2017. (See SAC ¶¶ 8-9, 16). Moreover, Plaintiff has alleged that he and other Hispanic employees were isolated and given the worst work assignments on the least desirable shifts. (See id. at ¶ 2). When Plaintiff complained to supervisors about this sort of treatment, he was told simply to “ignore” it. (See id. at ¶ 3). Drawing all reasonable inferences in Plaintiff’s favor, the Court concludes that Plaintiff has alleged a story of continual abuse and mistreatment, based on his race, throughout the eight years that he worked at the Printing Center. Any reasonable employee under the same circumstances would find that the conditions of their employment had worsened. See Bonilla, 2019 WL 6050757, at *16 (finding a valid claim of hostile work environment where plaintiff’s claims were based “on a pattern of abusive activity of a quality and quantity that a reasonable employee would find worsened the conditions of his employment”).