Disability-Based Hostile Work Environment Claim Dismissed; “Fat”, “Malingerer” Comments Insufficient

In Aykac v. City of New York, No. 805009/2022, 2022 WL 11926504 (N.Y. Sup Ct, New York County Oct. 20, 2022), the court, inter alia, dismissed plaintiff’s disability-based discrimination and hostile work environment claims.

As to plaintiff’s hostile work environment claim, the court explained:

With respect to the plaintiff’s contention that he was subjected to a hostile work environment by virtue of Eisikowitz’s statements that he was “fat” and a “malingerer,” and other unspecified “abuse” intended to compel him to return to work against his will, these clearly do not rise to the level of conduct that altered the terms and conditions of his employment on the basis of disability. At most, they were mere petty slights and trivial inconveniences, and more likely were descriptions of what Eisikowitz believed to be the plaintiff’s true reasons for objecting to a resumption of work.

Based on this, the court held that that portion of plaintiff’s disability discrimination claim must be dismissed for failure to state a cause of action.

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