Abrasive And Crude Work Environment For All Is Not A Hostile Work Environment

Originally published on the Employer's Law Blog

In Miceli v. Lakeland Automotive Corporation, the Appellate Division found that a former female employee failed to establish that the conditions of her work environment were sufficiently severe or pervasive to constitute a hostile work environment because her manager treated all employees rudely and reprimanded her co-worker for his inappropriate behavior toward the employee.

In August 2006, Jo Miceli became Lakeland Automotive Corporation's ("Lakeland's") only female salesperson. During her employment, Miceli and a male co-worker had several disagreements during which he made several inappropriate and threatening comments. These comments included that Miceli was "going to get hers"; that her "day was coming'; and "Kiss my ass . . . I'll act like an animal and show you how animals act, so you better be very afraid." Miceli reported each incident to her manager, and the manager warned the co-worker that he risked