Tuesday, December 13, 2011


Another example is VITO v. BAUSCH & LOME INC., 403 Fed.Appx. 593 (2nd Cir. 2010):

" "In order to establish a hostile work environment . . . [Vito]
must show that the workplace was so severely permeated with
discriminatory intimidation, ridicule, and insult that the
terms and conditions of her employment were thereby altered."
Fincher v. Depository Trust & Clearing Corp.,
604 F.3d 712, 723-24 (2d Cir. 2010); see Howley v. Town of
Stratford, 217 F.3d 141, 153 (2d Cir. 2000).


"[I]t is axiomatic that in order to establish a . . . hostile
work environment . . . a plaintiff must demonstrate that the
conduct occurred because of her [membership in a protected
class]." Alfano v. Costello, 294 F.3d 365, 374 (2d
Cir. 2002) (internal quotation marks omitted). Many of the
incidents Vito claims demonstrate a hostile work environment amount to, at most, workplace
bullying completely detached from any discriminatory motive.
For example, we can discern no reason why either Shift
Supervisor Rich Goodburlet ("Goodburlet") ringing a bell in
Vito's presence or co-worker Mehmet Charlayan ("Charlayan")
throwing tape at her constitute anything more than "minor
annoyances" typical of those "all employees experience."
Burlington N. & Santa Fe Ry. Co. v. White,
548 U.S. 53, 67, 126 S.Ct. 2405, 165 L.Ed.2d 345 (2006). Similarly,
Vito was only incidentally involved in much of the sexual
banter that allegedly took place in the department. For
example, Vito complains that she witnessed Charlayan "flicking
his tongue up and down in the direction of Deb Rock" ("Rock"),
another one of Vito's coworkers, and that "a note was placed
on Deb Rock's back indicating that she was `property.'" "

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