Close call in religious harassment case goes to the jury

This case alleges the plaintiff was subjected to a hostile work environment because of her national origin. The trial court granted summary judgment for the employer, stating that this case is "right on the knife's edge of either granting summary judgment or allowing the case to go the jury." The Court of Appeals sends the case to the jury.

The case is Ahmed v. Astoria Bank, a summary order decided on May 9. When is a close case good enough for the jury? When is the close case not close enough for the jury? Do you have to ask? If it's a close case, it's probably best to let the jury decide what happened. That's what the Court of Appeals (Walker, Lohier and Lynch) concludes in stating that "a reasonable jury could find that Ahmed was subjected to discriminatory harassment that was 'sufficiently severe or pervasive to alter the conditions of [her] employment and create an abusive working environment, and that a specific basis exists for imputing the objectionable conduct to [Astoria Bank].'”

In particular, plaintiff put foward evidence that a senior supervisor, Figeroux had done the following:

(1) “constantly” told Ahmed to remove her hijab, which he referred to as a “rag,” (2) demeaned Ahmed’s race, ethnicity, and religion “[o]n several occasions,” and (3) made a comment during Ahmed’s interview on September 11, 2013 that Ahmed and two other Muslim employees were  “suspicious” and that he was thankful he was “in the other side of the building in case you guys do anything.” 

Along with evidence that another supervisor, Russo, had used inappropriate hand gestures in speaking with plaintiff and spoke to her "very slowly" could lead a reasonable jury to find that Ahmed was subjected to “a steady barrage of opprobrious racial” and anti‐Muslim comments and conduct constituting a hostile work environment.