Marvelli v. CHAPS Community Health Ctr.,

Marvelli v. CHAPS Community Health Ctr.,
No. 99 CV 8262(NG) (E.D.N.Y. March 27, 2002)

The United States District Court for the Eastern District of New York dismissed
federal hostile work environment claims brought under Title VII and §1981
by two employees of an out-patient health care facility. The court granted summary
judgment to the clinic on the plaintiffs’ Title VII claims because it did not
employ the requisite 15 people for the Act to apply. The plaintiffs’ §1981
claims were dismissed based on race discrimination, finding that they failed
to demonstrate that the defendants created a racially hostile work environment.
The hospital that acquired the outpatient facility escaped Title VII liability
for the clinic director’s sexually harassing behavior because, upon learning
of his conduct, it removed him from the facility and prohibited him from returning
to the facility unsupervised, which effectively prevented further sexual harassment.
The court also found that evidence that the hospital terminated the plaintiffs’
employment as part of an overall restructuring plan designed to improve revenue
was sufficient to counter their retaliation claims.