U.S. District Court, WDNY
Hostile Work Environment
Racial Discrimination — Exhaustion of Remedies
Brown v. Xerox Corporation
Background: The defendant moved to dismiss two of the plaintiff’s causes of action, alleging racial discrimination and hostile work environment. The defendants argue that the plaintiff failed to exhaust all administrative remedies available to him.
Ruling: The District Court granted the motion. While the parties agreed that the elimination of the plaintiff’s position occurred after his complaint was filed with the EEOC and after he received his right to sue letter, the complaint to the EEOC did not raise this issue. In addition, his hostile work environment allegations did not rise to the level of pervasiveness needed to support such a claim. Specifically, the allegation that he was criticized for not being a team player did not identify who criticized him and how frequent these criticisms took place.
Lindy Korn and Charles L. Miller II of the Law Office of Lindy Korn for the plaintiff; Margaret A. Clemens and Trent M. Sutton of Littler Mendelson for the defendants