What constitutes a hostile work environment claim?

First, the conduct here was not so continuous as to create an objectively hostile work environment. The most serious event was a 2014 booking room incident in which Slensby approached Perry from behind, placed his hands on Perry's shoulders, and made sexually inappropriate remarks. While distasteful, this incident was not repeated and the evidence offered at summary judgment showed that Slensby never again touched Perry or made similarly vulgar comments. Of the three incidents which Perry complains, two involved one-sentence comments and all were separated by a period of years. These incidents are not sufficiently "continuous and concerted" as to satisfy the objective component of a hostile work environment claim. See, e.g., Raspardo v. Carlone, 770 F.3d 97, 118 (2d Cir. 2014) (noting that three instances of commentary and offering a ride to a coworker were not sufficiently "severe or pervasive" as to make out a hostile work environment claim (internal citation and quotation marks omitted)).

Second, while a single episode may be sufficient to give rise to a hostile work environment claim, the booking-room incident falls short of the severity required to make out such a claim. Compare Alfano v. Costello, 294 F.3d 365, 374 (2d Cir. 2002) (noting that generally "episodic"

Page 4