To prevail in a “hostile work environment” action brought pursuant to 42 U.S.C. §1983 the Plaintiff must set out claims alleging racial discrimination, retaliation, and a hostile work environment and demonstrate that his “workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of [his] employment and create an abusive working environment.”
The Circuit Court Appeals, Second Circuit held that Plaintiff’s hostile work environment claim was based on the same conduct underpinning his racial discrimination and retaliation claims: his being given work orders to change light bulbs and, from time to time, receiving work orders for items not in need of repair.
The Circuit Court explained that such "identified conduct falls far short of the conduct required to sustain a hostile work environment claim." The Circuit Court then affirmed the District Court’s grant of summary judgment dismissing Plaintiff’s complaint.
The District Court had dismissed Plaintiff's claims, in part, because Plaintiff failed to identify any adverse employment action. The Circuit Court, agreeing with the District Court that the Plaintiff failed to identify an adverse employment action, affirmed the lower court's ruling and opined that it "need not address any of the other grounds identified by the District Court as supporting summary judgment".
Click HERE to access the Circuit Court's decision posted on the Internet.