Glass houses: Employee’s own unprofessional conduct kills hostile environment claim

The New Jersey Appellate Division recently upheld a trial court’s dismissal of a former bartender’s hostile work environment and gender discrimination claims partly on the grounds she partook in the “pejorative language and boorish conduct pervading Iron Bar’s atmosphere” just as much as anyone else, regardless of gender. Because the ex-employee couldn’t show the alleged misconduct occurred “but for [her] gender,” the Appellate Division upheld the trial court’s grant of summary judgment (dismissal without a trial) in the employer’s favor.

Bar part-owner’s conduct

Lauren Bouziotis worked as a part-time bartender for Iron Bar from September 2016 until May 2018, when she resigned. During her time on the job, she reported to Darrell Remlinger, part-owner of the bar and the person responsible for its daily operations. She alleged:

• He would call her vulgar nicknames focused on the size of her backside, including writing them on the weekly schedule and using them on the envelopes containing her paychecks; and
• She asked to work Thursday night shifts, but he denied the request, instead giving the assignments to male bartenders.

Bouziotis alleged she complained about the harassment for more than a year, but Remlinger never stopped. She claimed the conduct eventually became too much for her handle, forcing her to quit. Notably, she didn’t mention any harassment in her resignation letter and still gave two weeks’ notice.

Bartender’s ‘inappropriate’ actions