KRISTEN KING, Plaintiff-Appellant, —v.— ARAMARK SERVICES INC., Defendant-Appellee., 96 F.4th 546

Summary

HOLDINGS: [1]-In an employment discrimination case, the district court erred by awarding summary judgment to the employer on the employee's Title VII claims because a jury could conclude that the termination was part of an ongoing discriminatory pattern or practice of sex-based harassment; [2]-The hostile work environment claim was not time-barred because the employee could avail herself of the continuing violation doctrine; [3]-The body shaming evidence based on weight could be used to meet the employee's prima facie burden; [4]-The employee did not plausibly alleged any violation of New York State Human Rights Law, N.Y. Exec. Law § 290 et seq., so her state law claims were properly dismissed; [5]-As most of the acts that comprised the employee's sex-based hostile work environment claim were directed at her and her work in Virginia, any impact she experienced in New York was tangential.