On January 28, 2020, the Southern District of New York allowed a hostile work environment claim to proceed based upon allegations of racial slurs, demeaning comments, and relegation of Hispanic to the least favorable job assignments and shifts. Ramirez v. NYP Holdings, Inc. The Court permitted this claim to proceed despite dismissing other claims under Title VII, Section 1981, and state and local law arising from discipline, up to and including discharge. In this instance, plaintiff was suspended indefinitely and then fired after engaging in an altercation with a White coworker because his suspension violated a last chance agreement.
In sum, that totality of the allegations, not each considered alone, often drives decisions by the courts in hostile environment harassment cases.