context: Exh. 26, P 16. The box provided on the form for "retaliation/reprisal" was not checked. At the time the administrative complaint was filed, plaintiff was represented by experienced counsel well-versed in the nuances of federal employment discrimination law, yet nowhere in the complaint does plaintiff even mention the terms "hostile work environment" or "retaliation." Moreover, this court's reading of the allegations asserted in Paragraph 15 of the administrative complaint reveals no facts to support a plausible Title VII claim based on hostile work environment or retaliation, or to support a finding that such claims might reasonably have fallen within the scope of the EEOC investigation.
citation_a.signal: see
citation_a.identifier: 510 U.S. 17, 21
citation_a.parenthetical: hostile work environment exists "[w]hen the workplace is permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment."
citation_a.sentence: See Harris v. Forklift Sys., Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993) (hostile work environment exists “[w]hen the workplace is permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.”) (citations and quotations omitted); see also Fleming v. Verizon New York, Inc., 419 F.Supp.2d 455, 463-64 (S.D.N.Y.2005) (EEOC charge containing no reference to hostile work environment found “inadequate to define the scope of the EEOC investigation and serve as the predicate for claims in a federal lawsuit.”); Gambrell v. Nat’l R.R. Passenger Corp., 2003 WL 282182, at *8 (S.D.N.Y. Feb. 3, 2003) (“mere the EEOC charge alleges discrimination but not retaliation, the reasonable scope of the agency’s investigation cannot be expected to encompass allegations of retaliatory motive.”).
citation_b.signal: see also
citation_b.identifier: 2003 WL 282182, at *8
citation_b.parenthetical: "mere the EEOC charge alleges discrimination but not retaliation, the reasonable scope of the agency's investigation cannot be expected to encompass allegations of retaliatory motive."
citation_b.sentence: See Harris v. Forklift Sys., Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993) (hostile work environment exists “[w]hen the workplace is permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.”) (citations and quotations omitted); see also Fleming v. Verizon New York, Inc., 419 F.Supp.2d 455, 463-64 (S.D.N.Y.2005) (EEOC charge containing no reference to hostile work environment found “inadequate to define the scope of the EEOC investigation and serve as the predicate for claims in a federal lawsuit.”); Gambrell v. Nat’l R.R. Passenger Corp., 2003 WL 282182, at *8 (S.D.N.Y. Feb. 3, 2003) (“mere the EEOC charge alleges discrimination but not retaliation, the reasonable scope of the agency’s investigation cannot be expected to encompass allegations of retaliatory motive.”).