Gonzalez v. Beth Israel Med. Ctr.,
No. 01 CIV. 1233 (S.D.N.Y. May 22, 2003)

A hospital employee who was terminated for excessive lateness after she filed a charge of sexual harassment with the EEOC filed a second charge alleging that the hospital retaliated against her for filing the first charge. The EEOC issued a right to sue letter. The federal district court granted summary judgment in favor of the hospital, finding that the hospital disciplined the employee for well-documented instances of lateness and not in retaliation for filing the charge with the EEOC. The court also ruled that the plaintiff could not prevail on her quid pro quo or hostile work environment claims. The quid pro quo claim failed because she was unable to show that "a tangible employment action resulted" from her response to the sexually harassing conduct. Evidence that the hospital promptly investigated the plaintiff's complaints in accordance with its Harassment Policy and subsequently punished the perpetrator of the harassment, as well as the plaintiff's failure to take advantage of the opportunities to correct the situation, allowing the harassment to continue for two and one-half years before she complained, defeated her hostile work environment claim.