Opinion
6139.
May 19, 2005.
Application pursuant to Executive Law § 298 to enforce petitioner's order, dated June 3, 1999, as revised by its order dated August 26, 2003, finding that the complainant suffered mental anguish and humiliation as a result of a hostile work environment caused and allowed to exist by respondents, and awarding the complainant $20,000 (transferred to this Court by order of Supreme Court, New York County [Harold B. Beeler, J.], entered January 28, 2004), unanimously granted, without costs.
Before: Saxe, J.P., Marlow, Sullivan, Williams and Gonzalez, JJ., concur.
The record, based on the complainant's unrefuted allegations, evinces sufficient evidence of a hostile work environment created by same-sex harassment ( see Oncale v. Sundowner Offshore Services, Inc., 523 US 75), amounting to constructive termination of employment ( Matter of State Div. of Human Rights v. ARC XVI Inwood, Inc., 17 AD3d 239). The matter is distinguishable from Yukoweic v. International Bus. Machs. ( 228 AD2d 775, lv denied 88 NY2d 816) in that here the purportedly crude humor or horseplay targeted the complainant and was gender-specific. The complainant was a member of a protected class, a hostile work environment was created by respondent coworker's harassment, and respondent owner failed, upon notification, to take corrective action, and indeed acquiesced in the offending conduct ( see Matter of State Div. of Human Rights v. St. Elizabeth's Hosp., 66 NY2d 684).