In what circumstances will the Court consider the merits of a hostile work environment claim?
MultiRegion, United States of America
The following excerpt is from Whitley v. Runyon, 104 F.3d 352 (2nd Cir. 1996):
While we are ordinarily reluctant to consider the merits of claims not addressed by the district court, we are not precluded from doing so in the interests of judicial economy. See, e.g., Dobosz v. Walsh, 892 F.2d 1135, 1140 (2d Cir.1989). This is especially desirable where the issues are clear and have been discussed by an administrative agency. Accordingly, we turn to the merits of the plaintiff's hostile work environment claims.
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