The district court granted defendants' motion under Rule 12(b)(6). See Gregory v. Daly, 78 F. Supp.2d 48 (N.D.N.Y. 1999). In a brief opinion, the court characterized the complaint as containing nothing more than accusations of "'demeaning' comments,'" id. at 49, and as failing to address the factors that, under Harris v. Forklift Systems, 510 U.S. 17 (1993), bear upon whether harassment is sufficiently severe or pervasive to be actionable.
The district court granted defendants' motion under Rule 12(b)(6). See Gregory v. Daly, 78 F. Supp.2d 48 (N.D.N.Y. 1999). In a brief opinion, the court characterized the complaint as containing nothing more than accusations of "'demeaning' comments,'" id. at 49, and as failing to address the factors that, under Harris v. Forklift Systems, 510 U.S. 17 (1993), bear upon whether harassment is sufficiently severe or pervasive to be actionable.
Plaintiff has not cited any examples of the discriminatory insults and has not described any circumstances surrounding the alleged discriminatory conduct that would support a prima facie case of hostile work environment. See Salvatore v. KLM Royal Dutch Airlines, No. 98 Civ. 2450, 1999 WL 796172, at *4 (S.D.N.Y. Sept. 30, 1999) (stating that there were no factual allegations in the complaint to support the statement that the conduct was "repeated, recurrent and . . . pervaded the daily work life of each plaintiff"); Gregory v. Daly, 78 F. Supp.2d 48, 49 (N.D.N.Y. 1999) (dismissing the complaint because plaintiff's accusations that the defendant made demeaning comments about women were not supported with specific examples); Edwards v. Sheehan Memorial Hosp., No. 99-CV-0489E, 2000 WL 914131, at *2 (W.D.N.Y. June 19, 2000) (dismissing the complaint in a Title VII action because plaintiff merely alleged that she was subjected to harassment and disparate treatment and did not refer to any dates or places). Plaintiff merely states that she was subjected to harassment and believes that similarly situated white, male employees were treated better.