Title VII Race-Based Hostile Work Environment Claim Sufficiently Alleged Against City of New York

In Calvelos v. City of New York et al, 2020 WL 3414886 (S.D.N.Y. June 22, 2020), the court, inter alia, held that plaintiff stated a race-based hostile work environment claim under Title VII of the Civil Rights Act of 1964.

From the decision:

Plaintiff alleges that, during his first eight months at West Facility, Warden Glenn – his supervisor – manufactured phony charges against Plaintiff on account of his race, encouraged inmates to attack Plaintiff, and on October 3, yelled and cursed at Plaintiff, mentioned his race, and threatened to fire him. The Deputy Commissioner Defendants then followed through on this threat by recommending to fire, and ultimately terminating, Plaintiff. These actions – which I have inferred, at this stage, were imbued with a racial animus – created an abusive working environment.

Accordingly, Plaintiff has stated a Title VII hostile work environment claim against the City. Plaintiff has also stated a § 1983 hostile work environment claim against Warden Glenn and the Deputy Commissioner Defendants because they directly participated in the discriminatory conduct that contributed Plaintiff’s hostile working environment. See Dawson v. Cty. of Westchester, 351 F. Supp. 2d 176, 196 (S.D.N.Y. 2004).

It also held, however, that plaintiff did not sufficiently allege that this misconduct was the product of a municipal policy, practice, or custom to support a § 1983 claim against the City.

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