The New York State Division of Human Rights [DHR] adopted the recommended order of an Administrative Law Judge to dismiss Petitioner's familial status discrimination and retaliation complaint. Petitioner appealed DHR's dismissal of Petitioner's complaint.
The Appellate Division, however, unanimously confirmed DHR's determination, opining that DHR's determination that Petitioner did not experience a hostile work environment was supported by substantial evidence.
Noting that the record contained evidence that Petitioner's supervisor made negative comments about Petitioner's prioritization of childcare responsibilities over work, the Appellate Division said that isolated remarks or occasional episodes of harassment do not support a finding of a hostile or abusive work environment under the pre-2019 standard, citing Ferrer v New York State Div. of Human Rights, 82 AD3d 431 and other New York State court decisions.
Concluding that DHR's dismissal of Petitioner's retaliation claim was rational and noting that Petitioner's employer did not take any adverse employment action against Petitioner following his submitting a discrimination complaint to the Bronx Borough President's Office, the Appellate Division also observed that "... in the nine months after [Plaintiff] filed his discrimination complaint, he received better evaluations than he had previously and received two raises".
Click HERE to access the Appellate Division's decision posted on the Internet.