Judge Jon Newman
Desardouin, a female police officer, reported to supervisor McIntyre. From May until July 2007, McIntyre made weekly "sexual advances" toward Desardouin. She complained to the Professional Standards Section (PSS) in January 2008 after departmental integrity officer Vega rebuffed her report of McIntyre’s harassing conduct. She later provided PSS a recording of McIntyre and another police official discussing tampering with her computer and changing her schedule. She was discharged in 2009 after admitting that the recording was unauthorized. District court dismissed Desardouin’s lawsuit alleging discrimination and retaliationgrounded on a sex-based hostile work environmentviolating federal and state discrimination laws. Second Circuit ruled Desardouin’s hostile workplace claim warranted trial. McIntyre’s comments could be found a solicitation for sexual relations. Their repetition made sexual intimidation, ridicule and insult a "pervasive part of Desardouin’s workplace." However, district court properly found Desardouin’s retaliation claim failed. Defendants provided a legitimate, nondiscriminatory reason for terminating Desardouin’s employment due to her secret recordings of police officials’ conversations.
