Age-Related Hostile Work Environment Claim Dismissed

From Rettino v. NYC Dept. of Education, 2020 WL 4735299 (SDNY Aug. 14, 2020):

The plaintiff’s allegations of hostile work environment that occurred after October 2017 are limited to allegations of failure to hire and retaliation. The plaintiff merely makes the conclusory statement that the school to which he had most recently been assigned denied him an interview for a teaching position as a result of his age. The plaintiff also provides no support for the proposition that he was accused of corporal punishment or that subsequent Section 3020-a charges were filed against him as a result of his age. He alleges no discriminatory comments or other types of discriminatory behavior. Accordingly, the plaintiff’s timely claims do not sufficiently allege a workplace permeated with discriminatory intimidation, ridicule, and insult. See Robins v. New York City Bd. of Educ., No. 07-CV-3599, 2010 WL 2507047, at *12 (S.D.N.Y. June 21, 2010), aff’d, 606 F. App’x 630 (2d Cir. 2015) (declining to find that the plaintiff had been subjected to a hostile work environment when supervisors were simply evaluating her performance in classroom visits and there was no evidence of discriminatory comments or physical acts). Considering the totality of the circumstances, the plaintiff has not alleged claims that are sufficiently frequent, severe, threatening or humiliating to meet the standard for a hostile work environment.

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