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Hostile Environment As Form of Retaliation

By ALM Staff | Law Journal Newsletters |
October 31, 2003

The stereotypical retaliation case involves the termination of an employee following the performance of some protected act such as filing a complaint of discrimination or harassment or testifying in an EEO proceeding. But can the creation of a hostile environment suffice as an adverse employment action in a retaliation claim under Title VII and in similar state and city actions?

Judge Buckwald of the Southern District of New York recently ruled that it could. Ironically, the court found that plaintiff in that case did not state a separate sex-based, hostile environment claim. Nonetheless, the court sent to the jury plaintiff's retaliation claim relying on plaintiff's evidence that the hostile environment she suffered was in response to her earlier complaint of sex discrimination. In doing so, the court concluded an “adverse employment action can take the form of a hostile work environment.” Salerno v. City University of New York, 2003 WL 22170609 (S.D.N.Y. 2003)

The stereotypical retaliation case involves the termination of an employee following the performance of some protected act such as filing a complaint of discrimination or harassment or testifying in an EEO proceeding. But can the creation of a hostile environment suffice as an adverse employment action in a retaliation claim under Title VII and in similar state and city actions?

Judge Buckwald of the Southern District of New York recently ruled that it could. Ironically, the court found that plaintiff in that case did not state a separate sex-based, hostile environment claim. Nonetheless, the court sent to the jury plaintiff's retaliation claim relying on plaintiff's evidence that the hostile environment she suffered was in response to her earlier complaint of sex discrimination. In doing so, the court concluded an “adverse employment action can take the form of a hostile work environment.” Salerno v. City University of New York, 2003 WL 22170609 (S.D.N.Y. 2003)

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