U.S. Court of Appeals for the Second Circuit
Hostile Work Environment
Rivera v. Rochester Genesee Regional Transportation Authority
Judges Kearse, Lohier and Droney
Background: The plaintiffs, who are employees of the defendant, sued the agency alleging that they were subjected to a hostile work environment on the basis of race and national origin. They also alleged retaliation for complaining about the hostile work environment. The plaintiff appealed the dismissal of their complaint.
Ruling: The Second Circuit vacated and remanded, but affirmed the dismissal of one claim for retaliation. The court noted that the plaintiff presented evidence that he was harassed by other employees, despite the inconsistency of his testimony with regard to a particular individual and the animosity the two shared with each other. There was a genuine issue of material fact barring summary judgment.
Christina A. Agola for the plaintiffs-appellants; Scott D. Piper of Harris Beach for the defendant-appellee