No on discrimation and harassment, but yes on retaliation.

The First Department dismissed plaintiff's sex discrimination and sexual harassment claims, in Clayton v. Best Buy, which was decided on November 8, 2007, noting that, under the New York Human Rights Law, an employer is not liable for an employee's act of discrimination unless the employer became a party to it by encouraging, condoning, or approving it.

The court found that when plaintiff reported the incident, defendant immediately took action, reprimanding the offending employee on the same day the incident occurred and warning him that another similar incident would result in his dismissal. Furthermore, the court said there was no evidence that plaintiff's workplace was permeated with discriminatory intimidation, ridicule, and insult that was sufficiently severe or pervasive so as to alter the conditions of plaintiff's employment and create an abusive working environment.

The court also found that plaintiff's allegations of sexual and inappropriate remarks made by various employees of defendant were insufficient to support a claim of intentional infliction of emotional distress.

However, the court did find an issue of fact on the retaliation cause of action, in which plaintiff claimed that defendant had reduced her hours, saying that business had slowed, even though she was considered a good employee and no other cashiers' hours were reduced.