The first cause of action alleged that defendants were harassing plaintiff due to his religious beliefs. They put him in a cubicle, took away his privileges, monitored his phone conversations, and encouraged him not to continue observing his religious tenets. The second cause of action alleged that in violation of State and City Human Rights Laws, defendant Jackowitz tried to make plaintiff leave his job by telling him his performance was below average and telling him maybe religious observance is not for him. The third cause of action alleged that defendant Shechtman, with design to inflict emotional anxiety, invoked a derogatory and demeaning slur, namely “Jewboy,” thereby causing emotional pain and mental anguish. The fourth cause of action alleges that defendant Locker, with design to inflict emotional anxiety, said to plaintiff in a demeaning manner on early Fridays “You’re leaving so early?” The fifth cause of action alleges that as a result of this harassment due to plaintiff’s religion, he suffered emotional distress, anguish and humility and suffered from depression and anxiety, losing interest in working in the field of computers.
In this motion, defendants argue that the first through fourth causes of action should be dismissed because these claims fail to state a cause of action against defendants for a hostile work environment under State and City Human Rights Laws. According to defendants, a claim for hostile work environment is only actionable if plaintiff can demonstrate that the work the work environment was permeated with discriminatory intimidation, ridicule and insult, which was so severe or pervasive, that it altered the conditions of employment. Defendants argue that “The legal standard applied to a hostile environment claim under the New York State Human Rights Law and the New York City Human Rights Law is the same as that applied under Title VII.” Statements which are merely offensive, it is contended, fall “far below” the necessary threshold to be deemed severe for purposes of a hostile work environment claim.
