WDNY — Sex Discrimination: Piston v. County of Monroe, et al.

U.S. District Court, WDNY

Sex Discrimination

Verbal Harassment — Failure to Train

Piston v. County of Monroe, et al.
08-cv-6435P
Judge Payson

Background: The plaintiff sued her former employer under a theory of same-sex discrimination during her employment. She alleged that her supervisor created a hostile work environment by verbally abusing her, requiring her to work longer hours than her male coworkers and denying her training opportunities. She further alleged that she was laid off and rejected for re-employment in retaliation for her complaints of discrimination. The defendant moved for summary judgment.

Ruling: The District Court dismissed the plaintiff’s New York Human Rights Law claims against her supervisor as an aider and abettor because she had withdrawn her NYHRL claim against the county. The court, however, found a triable issue of fact with respect to her hostile work environment claim as the plaintiff’s testimony showed an escalating pattern of verbal harassment that culminated in her supervisor’s “screaming rants” against the plaintiff in front of her male coworkers. The court also denied summary judgment on the plaintiff’s failure to train claim as testimony established a similarly situated male coworker had been provided numerous training opportunities that the plaintiff was never offered.

Christina A. Agola for the plaintiff; Kristine Michelle Cahill, Brian Edward Marianetti and Paul D. Fuller of the Monroe County Law Department for the defendants