In Jones v. CareandWear II, Inc., No. 656428/2020, 75 Misc. 3d 1205(A), 2022 N.Y. Slip Op. 50383(U), 2022 WL 1483791 (N.Y. Sup. Ct. N.Y. Cty. May 10, 2022), the court, inter alia, held that plaintiff sufficiently alleged a claim of gender discrimination and hostile work environment under the New York State and City Human Rights Laws.
From the decision:
Plaintiff’s first claim is for gender harassment and hostile work environment in violation of [the New York State and City Human Rights Laws] against Razdan and C & W. To state a claim for unlawful harassment or hostile work environment under the State Human Rights Law, a plaintiff must allege a workplace permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of [the plaintiff’s] employment and create an abusive working environment. To state a similar claim under the City Human Rights Law, a plaintiff must plead that she has been treated less well than other employees because of her gender.
The pleadings, taken as true, describe Razdan bullying employees and making comments about female employees’ appearances. Plaintiff alleges that Razdan and C & W have denied her the benefit of employment and allowed a hostile environment to exist. Defendants claim that the incidents in the pleadings are not sufficient to state a claim for gender discrimination. On a motion to dismiss pursuant to CPLR 3211(a)(7), the pleadings are afforded a liberal construction. Further inquiry into the factual details of Mr. Razdan’s alleged behavior is premature at this stage.
Accordingly, the court held that plaintiff’s first cause of action, for gender discrimination and hostile work environment, survives the motion to dismiss.