Single Remark Insufficient to Sustain Jury Verdict on Hostile Work Environment CaseTanks

In Benitez v. Jamaica Hosp. Medical Center, No. 507954/2017, 2020 WL 7132073 (N.Y. Sup Ct, Kings County Dec. 01, 2020), the court granted defendant’s motion to set aside the jury verdict on plaintiff’s hostile work environment claim, reasoning that “[a] single, ill considered remark over the entire course of plaintiff’s employment is not sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.” Id. at *1 (citing Forrest v. Jewish Guild for the Blind, 3 NY3d 295 (2004)). The court also denied plaintiff’s cross-motion to set aside the jury’s verdict on her claim of wrongful termination, reasoning that “[t]here was ample evidence to support the jury’s finding that neither plaintiff’s alleged disability nor her pregnancy was a motivating factor in defendant’s decision to discharge her.” Id. at *1.

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