The following excerpt is from Leibovitz v. NYC Trans. Authority, 252 F.3d 179 (2nd Cir. 1999):
Furthermore, remarks made outside a plaintiff's presence can be relevant to a hostile work environment claim. See Schwapp, 118 F.3d at 111 (holding comments made outside plaintiff's presence and learned second-hand may also contribute to a hostile work environment); Torres v. Pisano, 116 F.3d 625, 633 (2d Cir. 1997) ("The fact that many of [the defendant's] statements were not made in [plaintiff's] presence is, in this case, of no matter; an employee who knows that her boss is saying things of this sort behind her back may reasonably find her working environment hostile.").8
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