Sanchez v. Sunguard Availability Servs., LP, 2010 U.S. App. LEXIS 2014 (3d. Cir. Jan. 28, 2010)

Supervisor's six derogatory comments over a six-year time frame was insufficient to support plaintiff's Title VII claim of a hostile work environment.

In Sanchez, the plaintiff alleged that his supervisor made six derogatory comments about his national origin over a six-year time frame and filed suit for, among other claims, violation of Title VII in the creation of a hostile work environment. In affirming the dismissal of the plaintiff's hostile work environment claim, the court determined that "even when viewed in their strongest possible light," the comments made to the plaintiff did not rise to the level of severity or pervasiveness required to sustain his burden of establishing a hostile work environment claim under Title VII. In so holding, the court reasoned that there was no evidence that the complained-of comments interfered with the plaintiff's ability to do his work and there was no evidence that he ever complained of any of the comments during his employment.

Case Law Alert - 2nd Qtr 2010