U.S. District Court, WDNY
Hostile Work Environment
Repeated and Continuous Incidents
Zucco v. Auto Zone Inc.
Background: The plaintiff commenced the action against the defendant alleging sexual harassment and discrimination on the basis of sex. The plaintiff alleged that a manager threw a pair of heavy car rotors into the aisle and told her to pick them up. Shortly thereafter, a meeting was held about the incident and her work hours were reduced. The plaintiff also alleged that male employees would use the women’s bathroom and leave pornographic magazines on the toilet seat.
Ruling: The defendant’s motion to dismiss is granted as the plaintiff has failed to properly state a claim. The plaintiff’s allegations of a hostile work environment were too intermittent and were not described as a continuous, threatening or humiliating. Moreover, the plaintiff had not alleged an adverse employment action. She did not allege that the reduction in hours caused her any inconvenience.
Catherine A. Zucco, pro se; Celeste C. Laborde and Tracy E. Kern of Jones, Walker, Waechter, Potevent, Carrer & Denegre LLP, Michael J. Keane of Colucci & Gallhaer PC for the defendant