Full opinion text
MEMORANDUM ORDER LEISURE, District Judge: Defendants have submitted objections to the Report and Recommendation (the “Report”) prepared by the Honorable Theodore H. Katz, United States Magistrate Judge, pursuant to the referral of this Court. The Court has reviewed Judge Katz’s Report, and made a de novo determination, as required by 28 U.S.C. § 636(b)(1), that Judge Katz’s exhaustive, well-reasoned Report is legally correct and proper. See United States v. Raddatz, 447 U.S. 667, 676, 100 S.Ct. 2406, 2412, 65 L.Ed.2d 424 (1980) (“[Section 636(b)(1) ] permit[s] whatever reliance a district judge, in the exercise of sound judicial discretion, [chooses] to place on a magistrate’s proposed findings and recommendations.”). In addition, the Court has considered defendants’ objections and finds them to be without merit. The Court therefore adopts the Report in its entirety. Accordingly, for the reasons stated by Judge Katz in the Report, defendants’ motion for summary judgment is HEREBY GRANTED with respect to Plaintiffs retaliation claim involving the Elmhurst Hospital Human Resources Department, and is HEREBY DENIED in all other respects. SO ORDERED. REPORT AND RECOMMENDATION KATZ, United States Magistrate Judge. This employment discrimination action, brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5, and § 296 of the New York State Human Rights Law (“HRL”), was referred to me by your Order of Reference for general pre-trial supervision and disposition of substantive motions, in accordance with 28 U.S.C. § 636(b)(1)(A) and (B). Plaintiff alleges that Defendants discriminated against her on the basis of her gender by engaging in sexual harassment, and retaliated against her for participating in activity protected under Title VII and HRL § 296. Pre-trial discovery has been completed and Defendants have moved for summary judgment, pursuant to Rule 56, Fed.R.Civ.P. For the reasons set forth below, I recommend that the Defendants’ motion be denied in all respects, except as to Plaintiffs retaliation claim involving the Elmhurst Hospital Human Resources Department. BACKGROUND Cynthia Dortz, a certified social worker, was employed by the New York City Health and Hospitals Corporation (“HHC”) as Assistant Director of Social Work Services in the Alcohol Treatment Program (“ATP”) at Elmhurst Hospital Center. (Defendants’ Notice of Motion, dated January 14, 1994, Ex. A [“Defs.Ex. A”]; Dortz Affidavit [“Dortz Aff.”], dated February 7, 1994, ¶4.) Dortz had worked in the ATP since 1972 as a supervisor of social work, prior to being promoted to the position of Assistant Director in 1983. (Dortz Aff. ¶¶ 1-2.) Elmhurst is operated by HHC, a public benefit corporation established pursuant to state law. See N.Y.Unconsol.Law §§ 7381, et seq. Under an affiliation agreement, Mt. Sinai School of Medicine of the City University of New York (“Sinai”), an educational corporation chartered by the New York State Board of Regents, generally provides for the delivery of medical services at Elmhurst. (Defs.Exs. D and E.) As of July of 1990, the ATP operated under the auspices of Elmhurst’s Department of Psychiatry. (Deposition Transcript of Dr. Ann Marie Sullivan, dated July 29, 1993 [“Sullivan Depo.”], at 22.) Dr. Sullivan, a Sinai employee, was the Director of the Department. (Sullivan Depo. at 7.) Plaintiffs direct supervisor was Dr. Lawrence Cuzzi, also a Sinai employee, who was Director of Social Work Services for Elmhurst. (Deposition Transcript of Lawrence Cuzzi, dated September 9, 1993 [“Cuzzi Depo. II”], at 165.) On October 29, 1990, Dr. Robert Levengood, a psychiatrist and Sinai employee, commenced employment at Elmhurst as Medical Director of the Division of Chemical Dependence Services, which is part of the Department of Psychiatry. (Defendants’ 3(g) Statement, dated January 14, 1994 [“Defs. 3(g)”], ¶ 8; Sullivan Depo. at 74.) Levengood was responsible for the clinical, medical, and psychiatric components of the Division of Chemical Dependence Services, including the ATP. (Defs.Ex. G.) Levengood reported directly to Sullivan. (Defs.Ex. G.) By virtue of his position, Levengood was required to collaborate with Dortz and communicate with her to ensure the efficient functioning of the ATP. (Deposition Transcript of Pedro Velez, Executive Director of Elmhurst, dated September 23, 1993 [“Velez Depo.”], at 55.) According to Dortz, Levengood had supervisory control over her work. (Plaintiffs 3(g) Statement, dated February 11,1994 [“PL 3(g)”], § B ¶ 1; Dortz Aff. ¶ 4.) I. Sexual Harassment The incidents giving rise to Dortz’ sexual harassment claim began shortly after Levengood commenced his employment. They were subsequently documented in memoranda by Plaintiff and five members of her staff in December of 1990 and January of 1991, all of which are annexed as exhibits to this motion. See Defs.Exs. J-P. From the inception of Levengood’s employment, he was critical of Dortz and procedures in the ATP, and shunned Dortz’ repeated efforts to reach out to him. In particular, Joyce Richardson, a certified social worker whom Dortz supervised, reported that on November 13,1990, Levengood asked “if something happens to Cynthia, would you want her job?” (Defs.Ex. 0.) When Levengood and Dortz had their first meeting alone, on November 15, 1990, Levengood stated to Dortz, “This could develop into a sado-masochistic relationship, but I am not going to let it happen.” (Defs.Ex. P; Dortz Aff. ¶ 10.) At a meeting with the ATP staff several days later, Levengood stated, “quality assurance is looked at by you folks around here like venereal warts.” (Defs.Ex. P.) At one point, Levengood stated, in response to a question from Dortz: ‘You talk like my children when they give me reasons why something can’t be done.” (Dortz Aff. ¶ 10.) According to Marge Heller, an ATP counselor whom Dortz supervised, later that month Levengood commented to her, “Cynthia probably wears black leather on weekends, with a black leather mask!” (Defs.Ex. M.) During the last week of November or early December, in the presence of Joseph Grabarnick, an ATP staff member, Al Brock-way, an ATP counselor who was supervised by Dortz, and Marge Heller, Levengood grabbed his stomach as if in pain, and stated, “ugh, ugh, this is Cynthia sticking pins in her voodoo doll.” Then he turned to Susan Kleinrock (another ATP staff member) and said “you know what I mean.” (Defs.Exs. J, K, M, and P.) On another occasion, Levengood said to Joseph Grabarnick, “It’s like your hands are tied, bend over and let me fuck you up the ass.” (Defs.Ex. K.) On December 6, 1990, Levengood shouted at Dortz, at a meeting with other ATP staff members, “I’m not psychotic! You are passive-aggressive!” (Defs.Ex. P; Dortz Aff. ¶ 11.) Approximately one week later, Penny Laitin, the ATP staff supervisor of the vocational program, told Dortz that Levengood was “badmouthing” her with members of her staff. (Defs.Ex. P; Dortz Aff. ¶ 13.) Laitin said that Levengood was telling the staff of his fantasy of Dortz in black leather. (Defs.Ex. P; Dortz Aff. ¶ 13.) She informed Dortz that Levengood stated that he “would like to pull Cynthia’s hair out of her head. I could shit on her neck!” (Dortz Ex. P; Dortz Aff. ¶ 13.) According to Al Brockway, Levengood called Dortz a “frustrated bitch” on numerous occasions. (Defs.Ex. N.) For example, on December 1, 1990, Levengood called Dortz “the frustrated bitch social work supervisor and that she had better shape up or else____” (Id.) The following week, Levengood engaged in conversation that Brockway described as “sexually explicit” and included derogatory remarks that “took on the atmosphere of a stag party,” some of which were directed against Dortz, including “Cynthia Dortz is queer, asexual, needs a good fucking, but [I] wouldn’t touch her with someone else’s dick ... she’s probably a lesbian!” (Id.) On December 14, 1990, after Plaintiff reported these incidents to Dr. Cuzzi, he held a meeting attended by 10 or 11 members of the ATP social work staff. (Defs.Ex. H; Dortz Aff. ¶¶ 16-17.) The staff members corroborated Dortz’ complaints and expressed concerns about Levengood’s conduct, particularly that comments about Dortz made them feel personally and professionally uncomfortable. (Defs.Ex. H; Dortz Aff. ¶ 17.) Cuzzi requested that those with personal knowledge communicate their concerns in writing, which was done by five members of the ATP staff. (Defs.Exs. J-O.) Cuzzi testified at his deposition that, soon after having learned about Plaintiffs concerns, he reported the allegations to the following people: Judith Alvarez, the EEO Officer at Elmhurst charged with the responsibility of investigating allegations of discrimination; Fred Horan, the Elmhurst Senior Administrator responsible for the functioning of the ATP; and, Gary O’Gwyn, Elmhurst’s Chief Operating Officer. In addition, he later reported the allegations to Dr. Gary Rosenberg, Chair of the Social Work Department at Sinai. (Cuzzi Depo. II at 183-185, 201, 291-292.) Despite HHC policy requiring that the EEO officer investigate any reports of sexual harassment (see Deposition of Judith Alvarez, dated September 15, 1993 [“Alvarez Depo.”], at 29-30), none of the above individuals participated in any investigation of the charges until they received notification of Dortz’ EEOC complaint approximately two months later. Cuzzi also spoke with Dr. Sullivan, and told her of the December 14 meeting with the ATP staff. Sullivan spoke with Levengood, at which time he denied having made certain statements and claimed that he was misunderstood. (Sullivan Depo. at 96-98; Defs.Ex. I.) Sullivan told Levengood that vulgar or coarse language was not acceptable and that such language should not be used. (Sullivan Depo. at 98.) Without speaking with anyone other than Levengood, Sullivan determined that Levengood had been misunderstood. (Sullivan Depo. at 93.) Sullivan stated at her deposition, “I generally, I just, my impression was that I believed him.” (Sullivan Depo. at 87.) She told Levengood to avoid speaking with Dortz unless a witness was present, so that he would be protected from any misunderstandings in the future. (Sullivan Depo. at 93.) Dortz requested a meeting with Sullivan to discuss the allegations, but Sullivan refused to meet wdth her, purportedly stating that everything was under control. (Cuzzi Depo. II at 234-235; Dortz Aff. ¶ 18.) Cuzzi also spoke with Levengood about the allegations in general terms, but he never confronted Levengood about the specific statements Levengood allegedly made, because Levengood was considered to be higher in the hospital hierarchy. (Cuzzi Depo. II at 211-12.) Cuzzi testified at his deposition, “I didn’t have any authority or any power to do anything____ I didn’t ask him [about specific allegations] because I didn’t feel it was my place to ask him.” (Cuzzi Depo. II at 212.) Dortz brought continuing complaints to Cuzzi many times. (Dortz Aff. ¶ 28; Cuzzi Depo. II at 203.) She wanted certain action taken: an apology from Levengood; documentation in Levengood’s file; a reprimand; and termination. (Dortz Aff. ¶ 21.) The parties dispute whether Cuzzi attempted to address Dortz’ concerns at those meetings or trivialize them. (Cuzzi Depo. II at 203; Dortz Aff. ¶ 28.) On one such occasion, on or about December 18, 1990, Plaintiff met with Cuzzi because she was frustrated that no one had responded to her complaints. (Dortz Aff. ¶ 19.) Cuzzi told her that if she pursued her complaints outside of the hospital, her entire sexual life would be disclosed and she would be required to confront Levengood, which would prevent them from being able to work together in the future. (Dortz Aff. ¶ 19.) II. Acts of Retaliation Dortz alleges that, after she first complained to Cuzzi about Levengood, she experienced numerous acts of retaliation. (Dortz Aff. ¶ 24.) Prior to making her complaint, Dortz had never received a negative performance evaluation. (Dortz Aff. ¶¶ 8, 24; Exhibit B, annexed to Dortz Affidavit [“Dortz Aff.Ex. B”].) After the complaint, however, Cuzzi told her that Sullivan was complaining that she was an “obstructionist”; that she was “rigid”; and that she was not “cooperative.” (Dortz Aff. ¶ 24.) In addition, Dortz alleges that Levengood isolated her and undermined her authority with the ATP staff. (Defs.Ex. Y; Dortz Aff. ¶¶ 25-27.) In particular, he sent directives to Dortz, but he would not communicate with her about them; Levengood assigned Dortz’ supervisees additional responsibilities and gave them directions without informing her; and, he excluded Dortz or failed to inform her of senior level meetings having a direct effect on her role and responsibilities, and those of her staff. (Defs.Ex. Y.) Dortz immediately reported Levengood’s conduct to Cuzzi; later, she also told Cuzzi that she felt that Levengood might physically harm her. (Cuzzi Depo. II at 203-204, 249.) He told Dortz that it was her responsibility to keep trying to enlist Levengood’s cooperation (Cuzzi Depo. II at 204); he also told Dortz that her complaints were “petty,” although he was surprised that Levengood had not responded to some of her memos. (Cuzzi Depo. II at 257-58, 303.) Cuzzi never told Sullivan of Dortz’ concerns about being isolated by Levengood. (Cuzzi Depo. II at 204.) Sullivan, in turn, had not told Cuzzi or Dortz of her instructions that Levengood avoid contact with Plaintiff unless other staff were present. (Cuzzi Depo. II at 204-05; Dortz Aff. at ¶ 29.) On May 2,1991, Cuzzi told Dortz that Levengood’s behavior “was a direct response to [her] filing the complaint.” (Defs.Ex. Y.) Dortz claims that she suffered physical and psychological trauma as a result of the harassment and acts of retaliation, including gastro-intestinal disorders and depression. (Dortz Aff. ¶¶ 34-35.) On May 5, 1991, she took a medical leave on the advice of her psychiatrist. (Dortz Aff. ¶ 37 and Exs. C and D.) On December 7, 1992, after a contested hearing, the Worker’s Compensation Board found that Plaintiff suffered from a partial disability due to the alleged harassment. (Dortz Aff.Ex. I; Dortz Aff. ¶¶ 39^1.) The Worker’s Compensation Board subsequently determined that Plaintiffs disability was permanent. (Dortz Aff.Ex. J.) After Plaintiffs medical leave was exhausted, on February 20, 1992, she permanently relinquished her position as Assistant Director of Social Work in the ATP. (Dortz Aff.Ex. D; PI. 3(g) § B, ¶ 6; Defs.Ex. A.) In connection with her medical leave, Dortz requested certain forms from the Elmhurst Personnel Department. According to Dortz, the department failed to provide her with the proper paperwork until December of 1991. (Deposition of Cynthia Dortz, undated [“Dortz Depo.”], at 82; Complaint, dated December 18, 1992, ¶ 25.) Although she had not previously taken an extended medical leave, Dortz had never had any difficulty obtaining medical forms in the past. (Dortz Depo. at 82-83.) She believes that the personnel department knew of her sexual harassment complaint at the time they failed to provide her with the forms. (Dortz Depo. at 82.) III. The Administrative Charge and Subsequent Investigation On January 31, 1991 Dortz filed a pro se complaint with the EEOC against HHC and Elmhurst, alleging gender discrimination. (Defs.Ex. Q; Dortz Aff. ¶ 43.) The charge was referred to the State Division of Human Rights. (Defs.Ex. Q.) At the end of February, Alvarez was notified of the charge and related to Dortz that there would be an investigation. (Defs.Ex. V.) Gloria Sierra, Associate Director of the Community Health Center at Elmhurst, conducted an investigation between March 8 and April 2, 1991. (Defs.Ex. W.) Without interviewing Dortz, Sierra determined that there was inappropriate use of language on the part of Levengood, but concluded that his use of such language did not rise to the level of sexual harassment. (Defs.Ex. W.) Sierra wrote in a memo about the investigation that she was “unable to concretely substantiate the allegations” although “some of the allegations regarding inappropriate use of language were founded.” (Defs.Ex. X.) On June 3, 1991, Plaintiff amended her administrative complaint, pro se, to include a charge of retaliation on the part of Levengood. (Defs.Ex. Y.) The New York State Division of Human Rights (“State Division”) subsequently held a fact-finding conference, in which Elmhurst and HHC participated as parties and Sinai representatives attended, although Sinai was not named as a respondent. (Defs.Ex. BB.) There were also conciliation proceedings, and Defendants conveyed settlement offers through Cuzzi. (Dortz Aff. ¶ 50). On March 5, 1992, the State Division found probable cause to believe that the Respondents had engaged in unlawful discriminatory practices. (Defs.Ex. Z.) On March 20, 1992, Plaintiff, acting through counsel whom she had retained, moved to amend her complaint to add Sinai as a respondent. (Defs.Ex. AA.) On April 23, 1992, over Sinai’s objection (Defs.Ex. BB), the State Division amended the administrative complaint to add Sinai. (Defs.Ex. CC.) Sinai did not appeal the ruling. Plaintiff commenced the instant action on December 18, 1992, alleging that Defendants engaged in sexual harassment in violation of Title VII and HRL § 296, and retaliated against her for her participation in protected activity. DISCUSSION I. Subject Matter Jurisdiction Apart from challenging the merits of the claims asserted in this action (see Discussion at pages 147-161, infra), Defendants contend that the Court lacks jurisdiction over Plaintiffs claim against the Elmhurst Human Resources Department (“Personnel Department”) for retaliation, and over her state claims against Elmhurst and HHC. These challenges are addressed in this section. In addition, Defendants argue that Sinai is not a proper defendant in this action — an issue which is addressed in the following section. A. Retaliation Claim Against the Elmhurst Personnel Department Defendants contend that Plaintiffs allegations of retaliatory conduct on the part of the Human Resources Department of Elmhurst Hospital should be dismissed for lack of subject matter jurisdiction on the grounds that these claims, which were not identified in the administrative charge, are not reasonably related to the claims in Plaintiffs administrative charge. (Defs.Memo at 45-47.) Defendants rely upon the well-established rule that a district court has jurisdiction only over those claims included in an EEOC charge, see 42 U.S.C. § 2000e-5(e); McDonnell Douglas Corp. v. Green, 411 U.S. 792, 798, 93 S.Ct. 1817, 1822, 36 L.Ed.2d 668 (1972), or those that are “based on conduct subsequent to the EEOC charge which [are] ‘reasonably related’ to that alleged in the EEOC charge.” Butts v. City of New York, 990 F.2d 1397, 1401 (2d Cir.1993); see also Stewart v. United States Immigration & Naturalization Serv., 762 F.2d 193, 198 (2d Cir.1985); Almendral v. New York State Office of Mental Health, 743 F.2d 963, 967 (2d Cir.1984). The Second Circuit has recognized several circumstances in which claims not alleged in an EEOC complaint are deemed to be reasonably related to conduct identified in a plaintiffs administrative charge. One such instance is where a plaintiff alleges retaliation by the employer for filing an EEOC charge. Butts, 990 F.2d at 1402. See also Malarkey v. Texaco, Inc., 983 F.2d 1204, 1208 (2d Cir.1993) (“[w]e have held repeatedly that a complaint alleging employer retaliation against an employee who has opposed discrimination may be considered ‘reasonably related’ to allegations already raised with the EEOC.... [This rule] has been broadly construed to allow judicial redress for most retaliatory acts arising subsequent to an EEOC filing....” (citations omitted)); Owens v. New York City Housing Auth., 934 F.2d 405, 410-11 (2d Cir.) (plaintiffs claim that defendant retaliated against her, by refusing to plea bargain disciplinary charges that were asserted against her, were reasonably related to initial age discrimination charge, since the retaliation claim grew out of actions plaintiff took in response to the earlier incident of discrimination), cert. denied, 502 U.S. 964, 112 S.Ct. 431, 116 L.Ed.2d 451 (1991). The rationale for allowing such an exception is to avoid requiring a plaintiff to file repeated administrative charges, which “could have the perverse result of promoting employer retaliation in order to impose further costs on plaintiffs and delay the filing of civil actions relating to the underlying acts of discrimination.” Butts, 990 F.2d at 1402. In the present action, Plaintiff has asserted a retaliation claim against the Elmhurst Personnel Department for conduct occurring after she filed her EEOC complaint in January of 1991, and conduct that continued beyond her EEOC amendment on June 3,1991. In particular, Plaintiff has claimed that the Personnel Department retaliated against her by withholding forms and information that she needed to process her medical leave. See Complaint ¶25, Dortz Depo. at 82-83. Plaintiff testified at her deposition that she had not encountered such intransigence from the Personnel Department prior to the time she filed her administrative charge. (Dortz Depo. at 83.) It is reasonable to view this claim as stemming from the initial conduct Plaintiff alleged in her EEOC complaint, since she required medical leave as a direct result of the illness she suffered, allegedly due to Defendants’ discrimination and harassment. Indeed, Plaintiff referred to her need to take a medical leave when she amended her EEOC complaint to include a charge of retaliation, stating, “[o]nee I reported sexual harassment, verbally and in writing, Dr. Levengood, by behaving in more subtle ways, made it so impossible for me to function on my job that I became sick and have had to take a medical leave (since 5/6/91), as recommended by my physician.” (Defs.Ex. Y.) Since Plaintiffs retaliation claim against the Elmhurst Personnel Department flows from the initial conduct giving rise to the administrative charge, it is reasonable to view this claim as based on subsequent conduct which is “reasonably related” to that which was previously alleged in Plaintiffs EEOC charges, so as to allow for judicial redress. B. Plaintiff’s State Claims against HHC and Elmhurst Defendants contend that they are entitled to dismissal of Plaintiffs state discrimination claims against HHC and Elmhurst arising under New York Executive Law § 296, on the grounds that Plaintiff failed to file a Notice of Claim as required by state law. (Defs.Memo at 52-53; see N.Y.Gen. Mun.Law § 50-e; N.Y.Unconsol.Laws § 7401(2).) State claims brought under state law in federal court are subject to state procedural rules. See Felder v. Casey, 487 U.S. 131, 141, 108 S.Ct. 2302, 2313-14, 101 L.Ed.2d 123 (1988). Under New York Unconsolidated Law § 7401(2), a plaintiff must serve a notice of claim against the HHC for “injuries to real or personal property, or for the destruction thereof, or for personal injuries or death____” This provision incorporates the notice of claim requirements set forth in New York General Municipal Law § 50-e. See N.Y.Unconsol.Laws § 7401(2) (“[a]ll the provisions of section fifty-e of the general municipal law shall apply to such notice.”) New York courts have limited the application of General Municipal Law § 50-e to tort actions. See Lenihan v. City of New York, 636 F.Supp. 998, 1017 (S.D.N.Y.1985). Since both federal and New York State courts do not regard an action brought under Executive Law § 296 to be a tort action, such claims are not subject to the notice of claim requirements of General Municipal Law § 50-e. Peart v. City of New York, No. 87 Civ. 4932 (CSH), 1991 WL 206315, *4 (S.D.N.Y. Sept. 27, 1991) (“§ 296 is not subject to the notice of claim provisions contained in General Municipal Law § 50-e ... [Pjlaintiff s § 296 claim will not be barred by her failure to file a notice of claim pursuant to Municipal General Law § 50-e.”) (citing Mills v. County of Monroe, 89 A.D.2d 776, 453 N.Y.S.2d 486, 487 (4th Dept.), aff'd, 59 N.Y.2d 307, 464 N.Y.S.2d 709, 451 N.E.2d 456 (1982), cert. denied, 464 U.S. 1018, 104 S.Ct. 551, 78 L.Ed.2d 725 (1983)). See also Davis v. New York City Dept. of Mental Health, No. 88 Civ. 8999 (DC), 1994 WL 669494, *1 (S.D.N.Y. Nov. 29, 1994) (notice provisions in General Municipal Law § 50-i inapplicable to plaintiffs state Human Rights Law claim, since § 50-i applies to tort actions, not employment discrimination suits, against New York City); Majors v. New York City Dept. of Sanitation, No. 91 Civ. 8742 (TPG), 1993 WL 336949, *2 (S.D.N.Y. Sept. 3, 1993) (General Municipal Law § 50-e inapplicable to state discrimination claim brought under Executive Law § 296); accord Hilow v. Rome City School Dist., No. 91 Civ. 567, 1994 WL 328625, *8 (“claims under § 296 do not constitute torts subject to the notice of claim provisions of Education Law § 3813(2) and General Municipal Law §§ 50-e and 50 — i incorporated therein.”). Since there is no requirement that Plaintiff file a notice of claim for her claims brought under Executive Law § 296, her failure to do so does not deprive the Court of jurisdiction. II. Mt. Sinai’s Status as a Party Defendant Defendants contend that Plaintiffs claims against Mt. Sinai should be dismissed because: (1) Plaintiff failed to name Sinai in her original EEOC charge and the Notice of Right to Sue does not mention Sinai (Defendant’s Memorandum of Law, dated January 14, 1994 [“Defs.Memo”], at 15-19; Defendants Reply, dated February 18, 1994 [“Defs.Reply”], at 1-7; Defs.Ex. DD); and, (2) Sinai is not Plaintiffs employer within the meaning of Title VII or the New York State Human Rights Law such that it may be held liable for Plaintiffs discrimination claims. (Defs.Memo at 20-24; Reply at 8-9.) Plaintiff counters that: (1) there is a sufficient identity of interest between Sinai and the parties named in the EEOC Complaint to vest the Court with jurisdiction (Plaintiffs Memorandum of Law, dated February 11, 1994, [“Pl.Memo”], at 13-24); and (2) Sinai may be viewed as Plaintiffs employer since it controlled the means and manner by which Plaintiffs work was accomplished, or alternatively, because Sinai and HHC are an integrated enterprise. (Pl.Memo at 54-61). A. Failure to Name Mt. Sinai in the EEOC Charge Title VII provides that “a civil action may be brought [in district court] against the respondent named in [the EEOC] charge ... by the person claiming to be aggrieved.” 42 U.S.C. § 2000e-5(f). “The purpose of this requirement is to notify the charged party of the alleged violation and to bring him before the EEOC, thereby permitting ‘effectuation of the Act’s primary goal, the securing of voluntary compliance with the law.’ ” Dirschel v. Speck, No. 94 Civ. 0502 (LMM), 1994 WL 330262, *3 (S.D.N.Y. July 8, 1994) (quoting Giuntoli v. Garvin Guybutler Corp., 726 F.Supp. 494, 498 (S.D.N.Y.1989) (quoting Koster v. Chase Manhattan Bank, 554 F.Supp. 285, 289 (S.D.N.Y.1983))). A prerequisite to maintaining a Title VII action against a defendant, therefore, is the filing of a charge with the EEOC or authorized state agency, naming the defendant. See Johnson v. Palma, 931 F.2d 203, 209 (2d Cir.1991); Bridges v. Eastman Kodak Co., 822 F.Supp. 1020, 1023 (S.D.N.Y.1993); Gilmore v. Local 295, 798 F.Supp. 1030, 1037 (S.D.N.Y.1992), aff'd, 23 F.3d 396 (2d Cir.), cert. denied, — U.S. -, 115 S.Ct. 335, 130 L.Ed.2d 293 (1994). Although a plaintiff is required to name the defendant in the administrative charge, courts have interpreted Title VIPs procedural requirements flexibly and created several exceptions to this rule. See Johnson, 931 F.2d at 209; Bridges, 822 F.Supp. at 1025 n. 6. One such exception allows a Title VII action to be maintained against a party not named in the EEOC charge where that party has an “identity of interest” with a defendant named in the charge. See Johnson, 931 F.2d at 209. “Courts have allowed this ‘identity of interest’ exception because it is important to maintain ‘the availability of complete redress of legitimate grievances without undue encumbrance by procedural requirements ...’” Goyette v. DCA Advertising, Inc., 830 F.Supp. 737, 747 (S.D.N.Y.1993) (quoting Glus v. G.C. Murphy Co., 562 F.2d 880, 888 (3d Cir.1977) (“Glus /”)). In determining whether the identity of interest exception applies, the court must consider the following factors: (1) whether the role of the unnamed party could have been ascertained by the plaintiff at the time she filed her EEOC complaint; (2) whether, under the circumstances, the interests of a named party are so similar as the unnamed party’s that for the purpose of obtaining voluntary conciliation and compliance it would be unnecessary to include the unnamed party in the EEOC proceedings; (3) whether its absence from the EEOC proceedings resulted in actual prejudice to the interests of the unnamed party; and, (4) whether the unnamed party has in some way represented to the complainant that its relationship with the complainant is to be through the named party. Johnson, 931 F.2d at 209-10 (citing Glus I, 562 F.2d at 888). This four-prong test is not a mechanical one; no single factor is determinative. Goyette, 830 F.Supp. at 748. Instead, courts are to evaluate each factor in light of the statutory purposes underlying Title VIL Glus v. G.C. Murphy Co., 629 F.2d 248, 251 (3d Cir.), cert. denied, 449 U.S. 949, 101 S.Ct. 351, 66 L.Ed.2d 212 (1980) (“Glus II”). In this case, the second and third prongs of the Johnson /Glus test, most significant because they serve the underlying purpose of Title VII, weigh strongly in Plaintiff’s favor, so as to confer jurisdiction over Sinai. The first and fourth prongs tilt less clearly either in favor or against jurisdiction. With respect to the first prong of the identity of interest test, Plaintiff knew that Sinai was Levengood’s employer, and thus could have named Sinai in her EEOC charge. However, she was proceeding pro se at the time she initially filed the EEOC charge and was counseled by the EEOC investigator not to change her administrative charge to name Sinai. (Dortz Aff. ¶¶ 44-46.) See, e.g., Goyette, 830 F.Supp. at 748 (identity of interests found where plaintiffs knew the identity of the unnamed defendant but had been dissuaded from naming the unnamed party in EEOC complaint). With respect to the second element, the record establishes that Sinai and the named Defendants possess a commonality of interests. Sinai and HHC employees share responsibility for providing services at Elmhurst, pursuant to an affiliation agreement between the two entities (Exhibit C, annexed to Goodman Affidavit, dated February 9, 1994, [“PLEx. C”]), and HHC and Sinai employees jointly participate in at least certain aspects of policy-making at the hospital (see Deposition of Lawrence Cuzzi, dated July 20, 1993 [“Cuzzi Depo. I”], at 19-20, 25). Similarly, as discussed in detail in the following section, Sinai and HHC personnel are intertwined in the functioning of the ATP. (PI. Ex. C.) Indeed, Sinai employees — Levengood, Cuzzi and Sullivan — were directly involved in the events giving rise to this action. In addition, Sinai employees were also required to implement measures to comply with the mandates of Title VII, since Sinai was bound by HHC’s policies on discrimination, and Elmhurst had the right to secure compliance by Sinai "with EEOC laws. (Defs.Ex. E, § 5.) With respect to the third identity of interest factor, Sinai was not prejudiced by Plaintiffs failure to name it in her EEOC charge, despite Defendants’ conelusory allegation to the contrary. Sinai had ample notice that it might be subject to suit. Sinai counsel and other representatives attended a fact-finding conference and conciliation proceeding on Plaintiffs administrative charges (Defs.Ex. AA), and opposed Plaintiffs request to amend her administrative charge. (Defs.Ex. BB.) If Sinai did not have adequate notice that it might be a defendant in this action based upon the above facts, it clearly was on notice after the State Division granted Plaintiffs amendment to her state claim, to include Sinai as a respondent. See, e.g., Alcena v. Raine, 692 F.Supp. 261, 269 (S.D.N.Y.1988) (unnamed defendant on notice where State Division complaint had been amended to add that party, even though the EEOC charge was not). Sinai’s claim of prejudice resulting from its failure to conduct an investigation into Plaintiffs allegations (Defs.Memo at 18-19), is belied by the fact that Sinai employees, Sullivan and Cuzzi, were the individuals who initially responded to Plaintiffs complaints. Indeed, it is somewhat disingenuous for Defendants to argue that they had no interest in the EEO proceedings because they were not a party, in light of the fact that, under its Affiliation Agreement with HHC, Sinai could have faced potentially negative consequences as a result of having its employee accused of sexual harassment. (See Defs.Ex. E.) The fourth prong of the identity of interest exception addresses a situation where a principal-agent relationship exists and only one of them is named in the administrative complaint. Johnson, 931 F.2d at 210. See also Bridges, 822 F.Supp. at 1025 (fourth element of test satisfied, where an agency relationship existed between named and unnamed defendants). Construing the record in a light most favorable to Plaintiff, the nonmoving party, there is ample support for the proposition that, pursuant to the Affiliation Agreement, Sinai acts as an agent of HHC with respect to numerous aspects of care at Elmhurst, including the ATP. Nonetheless, the literal language of the fourth prong seems to suggest that the unnamed party be the principal who suggests to a plaintiff that its relationship with the plaintiff is to be conducted through its agent. This case presents the reverse situation, where the unnamed party — Sinai—operates as the named party’s agent. This distinction, however, does not appear to be determinative. There is a closeness of relationship between Sinai and HHC, which is the primary concern of this prong. See, e.g., Bridges, 822 F.Supp. at 1025 (“the court’s real concern in Johnson with respect to the fourth factor seemed to be the closeness of the relationship between the named and unnamed defendants.” [citation omitted]). In sum, I find that an exception is justified to allow Plaintiff to maintain her claims against Sinai. See, e.g., Dirschel, 1994 WL 330262 at **3-4 (plaintiff could maintain Title VII action against doctor not named in EEOC charge, since a substantial identity of interest existed between the doctor and hospital-employer that had been named in the charge, doctor was considered an agent of hospital in terminating plaintiff and knew of EEOC charge; and doctor had been invited to conciliation proceedings); Alcena v. Raine, 692 F.Supp. 261, 269 (S.D.N.Y.1988) (plaintiff, a physician, could maintain suit against defendant medical center that was not named in original administrative charge but had been added as a respondent in amended State Division claim, even though plaintiff’s formal employer was a separate entity — a hospital that was related to the medical center by an affiliation agreement— since there was no prejudice or lack of notice to the unnamed defendant, who had participated in fact-finding conference, investigation and conciliation proceedings) Therefore, I recommend that Sinai’s motion to dismiss Plaintiff’s claims against Sinai for lack of subject matter jurisdiction be denied. B. Sinai’s Status as Plaintiff’s Employer Sinai argues that it should be dismissed as a defendant because it was not Plaintiff’s employer. I disagree. Title VII and the New York State Human Rights Law prohibit discriminatory practices of “employers”. 42 U.S.C. § 2000e-2(a); N.Y.Exec. Law § 296(l)(a). Title VII defines an ‘employer’ as “a person engaged in any industry affecting commerce ... and any agent of such person.” 42 U.S.C. § 2000e(b). The definition of an “employer” is construed liberally. See, e.g., EEOC v. Sage Realty Corp., 507 F.Supp. 599, 611 (S.D.N.Y.1981) (‘employer’ includes persons “who are not employers in conventional terms, but who nevertheless control some aspect of an employee’s compensation or terms, conditions or privileges of employment.”). The construction of the term “is sufficiently broad to encompass any party who significantly affects access of any individual to employment opportunities, regardless of whether that party may technically be described as an ‘employer’ of an aggrieved individual as that term has generally been defined at common law.” Spirt v. Teachers Ins. & Annuity Ass’n., 691 F.2d 1054, 1063 (2d Cir.1982), vacated and remanded on other grounds, 463 U.S. 1223, 103 S.Ct. 3565, 77 L.Ed.2d 1406 (1983). “In keeping with [this] liberal construction, the courts of this Circuit have held that the absence of a direct employment relationship does not bar a Title VII claim, and that liability extends beyond conventional single-employer situations.” Alie v. NYNEX Corp., 158 F.R.D. 239, 245 (E.D.N.Y.1994) (citations omitted). See also Matthews v. New York Life Ins. Co., 780 F.Supp. 1019, 1023 (S.D.N.Y.1992) (“ ‘To permit a covered employer to exploit circumstances peculiarly affording it the capability of discriminatorily interfering with an individual’s employment opportunities with another employer, while it could not do so with respect to employment in its own service, would be to condone continued use of the very criteria for employment that Congress has prohibited.’ ” (quoting Sibley Memorial Hospital v. Wilson, 488 F.2d 1338, 1341 (D.C.Cir.1973)); Amarnare v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 611 F.Supp. 344, 347 (S.D.N.Y.1984) (“[i]t is significant that in providing a private right of action against a statutory employer Title VII does not refer to ‘employee’ but to ‘the person aggrieved,’ a term that has been construed ‘as comprehending individuals who do not stand in a direct employment relationship with an employer.’” (quoting Sibley, 488 F.2d at 1341)). Accordingly, when several entities “have an integrated economic relationship and exercise common control over employment practices” that affect an employee, each may be held liable for the other’s discriminatory acts and policies as an integrated enterprise. Streeter v. Joint Indus. Board of Elec. Indus., 767 F.Supp. 520, 527 (S.D.N.Y.1991). See also Perry, 675 F.Supp. at 1425-26 (one of the defendant’s held to be interrelated with direct employer so that the court could assume joint responsibility for one defendant’s acts where they shared same offices, had common management and, in reality, employees of one entity worked for the other); Sage Realty, 507 F.Supp. at 611 (although plaintiff was employed by dry cleaning store, court held that the budding management company for the building in which store was located could be held liable as joint employer for Title VII purposes because it exercised control over the terms and conditions of Plaintiffs employment). In addition, even where there is not an integrated enterprise or joint employer relationship, entities may be “simultaneous” employers where they control the economic realities of the employment relationship with the employee and the means and manner of the worker’s performance. See, e.g., Amarnare, 611 F.Supp. at 347-48; Goyette v. DCA Advertising, Inc., 830 F.Supp. 737, 744 (S.D.N.Y.1993). Regardless of the basis upon which an entity is deemed to be an “employer” within the meaning of Title VII, the most important factor to consider is “the degree of control [the entity] exercises over policy-making and the means and manner of an employee’s work performance.” Alie, 158 F.R.D. at 246; see also Amarnare, 611 F.Supp. at 348 (“[w]hen an employer has the right to control the means and manner of an individual’s performance ... an employer-employee relationship is likely to exist. Factors other than control are then of marginal importance.” (footnote omitted)). In the instant action, the record establishes that Sinai controlled the means and manner of Plaintiffs employment, although Plaintiff was formally employed by HHC. All of Plaintiffs direct superiors who determined the conditions of her employment at the ATP were Sinai employees. Dr. Cuzzi prepared Plaintiffs annual performance evaluation on a form issued by HHC, and signed the form as “department head.” (Dortz Aff. Ex. B.) As such, Cuzzi had power to affect Plaintiffs opportunities for promotion. Indeed, Plaintiff attributes her promotion to the position of Assistant Director of ATP to a favorable evaluation she received from Cuzzi and Enoch Gordis, another Sinai employee. (Dortz Aff. ¶ 3.) Moreover, Cuzzi testified at his deposition that he did not believe there were any limitations on his power to supervise Plaintiff. (Cuzzi Depo. II at 166.) Dr. Sullivan, the Director of Psychiatry at Elmhurst who supervised the ATP, was also a Sinai employee. Levengood, who was responsible for the clinical, medical, and psychiatric components of the ATP and reported to Sullivan, was a Sinai employee as well. Plaintiff was required to seek Sullivan and/or Levengood’s approval on all matters related to policy. (Sullivan Depo. at 48-49; Defs.Exs. F and G.) Since Sinai controlled significant aspects of the conditions, means and manner of Plaintiffs employment, Sinai may be viewed as Plaintiffs employer within the meaning of Title VII. At a minimum, Plaintiff has tendered sufficient evidence to establish a factual dispute with respect to this issue. In addition, there is evidence in the record to conclude that Sinai and HHC constituted an integrated enterprise, or were simultaneous employers, such that Sinai may be deemed to be Plaintiffs employer. As Defendants have conceded, Sinai jointly exercised control over certain operations of Elmhurst Hospital, with the approval of Elmhurst’s Executive Director, Pedro Velez, who is employed by HHC. (Defs.Memo at 22.) Velez held weekly executive staff meetings attended by both HHC and Sinai employees (Deposition of Gloria Sierra, dated July 9, 1993 [“Sierra Depo”], at 56-57); certain HHC and Sinai employees also attended a monthly Medical Board meeting (Sullivan Depo. at 20-21); Sullivan attended a monthly meeting of all HHC directors of psychiatry (Sullivan Depo. at 16.); Sullivan was interviewed for her position by both Sinai and HHC personnel (Sullivan Depo. at 8-10); and, Velez was responsible for all staff at Elmhurst, including those employed by Sinai, with respect to complying with and implementing EEO policy (Velez Depo. at 18-19). Indeed, the Elmhurst organizational chart, itself, reveals a functional interrelationship between Sinai and HHC, in that reporting relationships flowed from HHC personnel to Sinai staff and then, once again, to HHC employees. (Pl.Exs. B and C.) The organizational structure of the ATP also reflects this interrelationship, since HHC employees were supervised by Sinai employees who, in turn, reported to HHC employees. (Pl.Ex. B; Deposition of Lawrence Cuzzi, dated July 20, 1993 [“Cuzzi Depo. I”] at 27-29; Sullivan Depo. at 18-20.) Further, the record clearly establishes that HHC delegated to Sinai substantial authority with respect to the ATP. Sullivan was responsible for establishing ATP programs and policy. (Defs.Ex. F.) Indeed, after Plaintiffs employment terminated, Cuzzi was responsible for selecting her replacement and Sullivan interviewed the candidate. (Cuzzi Depo. I at 36-37.) The structure and the functional interrelationship between HHC and Sinai reveal, therefore, that HHC and Sinai were sufficiently interrelated so as to deem Sinai at least one of Plaintiff’s employers within the meaning of Title VII. Defendants’ reliance on the fact that HHC and Sinai are distinct entities whose powers are circumscribed by the Affiliation Agreement, and that Sinai cannot control certain aspects of Plaintiffs employment such as salary and benefits, does not undermine this conclusion, since the term “employer” under Title VII is construed by reference to the realities rather than the formalities of an employment relationship. See, e.g., Spirt, 691 F.2d at 1062-63 (although plaintiff, a college professor, clearly was not an employee of defendants who administered retirement annuity plans for university, defendants were delegated responsibility by plaintiffs employer and were therefore “so closely intertwined” with employer to be deemed an employer for Title VII purposes). In sum, the record strongly supports the conclusion that Sinai was Plaintiffs employer within the meaning of Title VII. Consequently, Defendant Sinai is not entitled to judgment as a matter of law on this issue. III. Plaintiff’s Discrimination Claims A. Summary Judgment Standard Under Rule 56(e), Fed.R.Civ.P., a motion for summary judgment may not be granted unless the court determines that there is no genuine issue of material fact to be tried and that the facts as to which there is no such issue warrant judgment for the moving party as a matter of law. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986); Cronin v. Aetna Life Ins. Co., 46 F.3d 196, 202 (2d Cir.1995). The movant must satisfy a burden of showing the absence of a genuine issue as to any material fact. Celotex, 477 U.S. at 323-25, 106 S.Ct. at 2553-54; Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 1608, 26 L.Ed.2d 142 (1970); LaFond v. General Physics Services Corp., 50 F.3d 165, 171 (2d Cir.1995); Cronin, 46 F.3d at 202; Gallo v. Prudential Residential Servs., Ltd., 22 F.3d 1219, 1223 (2d Cir.1994). In determining whether there is a genuine issue of material fact, the court must resolve all ambiguities and draw all factual inferences in favor of the party against whom summary judgment is sought. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 2513, 91 L.Ed.2d 202 (1986); LaFond, 50 F.3d at 171; Cronin, 46 F.3d at 202; Gallo, 22 F.3d at 1223; Donahue v. Windsor Locks Board of Fire Commissioners, 834 F.2d 54, 57 (2d Cir.1987). “The inferences to be drawn from the underlying facts revealed in materials such as affidavits, exhibits, interrogatory answers, and depositions must be viewed in the light most favorable to the party opposing the motion.” Chambers v. TRM Copy Ctrs. Corp., 43 F.3d 29, 36 (2d Cir.1994); see also Cronin, 46 F.3d at 202; LaFond, 50 F.3d at 171. On a motion for summary judgment, a court “ ‘cannot try issues of fact; it can only determine whether there are issues to be tried.’” Donahue, 834 F.2d at 58 (quoting Heyman v. Commerce & Indus. Ins. Co., 524 F.2d 1317, 1319-20 (2d Cir.1975)); see also LaFond, 50 F.3d at 171; Cronin, 46 F.3d at 203; Gallo, 22 F.3d at 1224 (“[T]he trial court’s task at the summary judgment motion stage of the litigation is carefully limited to discerning whether there are any genuine issues of material fact to be tried, not to deciding them. Its duty, in short, is confined at this point to issue-finding; it does not extend to issue-resolution.”) “If, as to the issue on which summary judgment is sought, there is any evidence in the record from any source from which a reasonable inference could be drawn in favor of the nonmoving party, summary judgment is improper.” Cronin, 46 F.3d at 203; see also LaFond, 50 F.3d at 171. In Title VII cases alleging adverse action, a plaintiff must initially establish a prima facie case of discrimination. Texas Dep’t of Community Affairs v. Burdine, 450 U.S. 248, 252-53, 101 S.Ct. 1089, 1093, 67 L.Ed.2d 207 (1981); see also St. Mary’s Honor Center v. Hicks, — U.S. -, ----, 113 S.Ct. 2742, 2746-47, 125 L.Ed.2d 407 (1993). “[T]he showing the plaintiff must make as to the elements of the prima facie case in order to defeat a motion for summary judgment is ‘de minimis ’.” Cronin, 46 F.3d at 203-04; see also Chambers, 43 F.3d at 37; Dister v. Continental Group, Inc., 859 F.2d 1108, 1114 (2d Cir.1988). “In determining whether the plaintiff has met the de minimis initial burden of showing ‘circumstances giving rise to an inference of discrimination,’ the function of the court on a summary judgment motion is to determine whether the ‘proffered admissible evidence shows circumstances that would be sufficient to permit a rational finder of fact to infer a discriminatory motive. It is not the province of the summary judgment court itself to decide what inferences should be drawn.’” Cronin, 46 F.3d at 204 (quoting Chambers, 43 F.3d at 38). Where a Title VII defendant’s intent is at issue, summary judgment is generally inappropriate. Rosen v. Thornburgh, 928 F.2d 528, 533 (2d Cir.1991). B. Sexual Harassment Claim A Title VII plaintiff seeking relief for sexual harassment may proceed under one of two theories: (1) quid pro quo; or, (2) a hostile work environment. Meritor Savs. Bank v. Vinson, 477 U.S. 57, 64-65, 106 S.Ct. 2399, 2404-05, 91 L.Ed.2d 49 (1986); Karibian v. Columbia Univ., 14 F.3d 773, 777 (2d Cir.1994), cert. denied, — U.S. -, 114 S.Ct. 2693, 129 L.Ed.2d 824 (1994); Kotcher v. Rosa & Sullivan Appliance Center, Inc., 957 F.2d 59, 62 (1992). In this action, Plaintiff has asserted that Dr. Levengood’s sexual harassment created a hostile work environment. To establish a claim for sexual harassment based upon a hostile work environment theory, a plaintiff must demonstrate not only actionable sex discrimination, but also that the wrongdoer’s actions should be imputed to the employer. Kotcher, 957 F.2d at 63. To establish actionable sexual harassment, a plaintiff is required to demonstrate: “(1) that she is a member of a protected group; (2) that she was the subject of unwelcome advances; (3) that the harassment was based upon her sex; and (4) that the harassment affected a term, condition or privilege of employment.” Cosgrove v. Sears, Roebuck & Co., 9 F.3d 1033, 1042 (2d Cir.1993). See also Trotta v. Mobil Oil Corp., 788 F.Supp. 1336, 1348 (S.D.N.Y.1992). To impute liability to an employer, the plaintiff must demonstrate that the employer failed to provide a reasonable avenue for complaint or knew about the harassment but did not take effective remedial action. Kotcher, 957 F.2d at 63; Donato v. Rockefeller Financial Servs., No. 93 Civ. 4663 (LLS), 1994 WL 495791, *2 (S.D.N.Y. Sept. 8, 1994). Under certain circumstances, an employer can be held per se liable, “for the discriminatorily abusive work environment created by a supervisor if the supervisor uses his actual or apparent authority to further the harassment, or if he was otherwise aided in accomplishing the harassment by the existence of the agency relationship.” Karibian, 14 F.3d at 780. 1. Actionable Sexual Harassment A hostile work environment sufficient to find actionable sex discrimination exists “[w]hen the workplace is permeated with ‘discriminatory intimidation, ridicule, and insult,’ that is ‘sufficiently severe or pervasive to alter the conditions of a victim’s employment____’” Harris v. Forklift Sys., - U.S. -, -, 114 S.Ct. 367, 370, 126 L.Ed.2d 295 (1993) (quoting Meritor, 477 U.S. 57, 65, 67, 106 S.Ct. 2399, 2404, 2405, 91 L.Ed.2d 49 (1986)). “Conduct that is not severe or pervasive enough to create an objectively hostile or abusive work environment — an environment that a reasonable person would find hostile or abusive — is beyond Title VII’s purview.” Harris, — U.S. at -, 114 S.Ct. at 370. The determination of what constitutes a hostile work environment “is not, and by its nature cannot be, a mathematically precise test.” Id. at -, 114 S.Ct. at 371. Rather, it rests upon an examination of the totality of the circumstances, including “the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance. The effect on the employee’s psychological well-being is, of course, relevant to determining whether the plaintiff actually found the environment abusive.” Id.; see also Kotcher, 957 F.2d at 62. All factors may be considered, and no single factor is determinative. Harris, — U.S. at -, 114 S.Ct. at 371. Although “[cjasual comments, or accidental or sporadic conversation, will not trigger equitable relief pursuant to the statute. ...”, Snell v. Suffolk County, 782 F.2d 1094, 1103 (2d Cir.1986), a “female employee need not subject herself to an extended period of demeaning and degrading provocation before being entitled to seek the remedies provided under Title VII____” Carrero v. New York City Housing Auth., 890 F.2d 569, 578 (2d Cir.1989). In the present action, Plaintiff has alleged a pattern of sexual harassment by Levengood, including at least eleven offensive comments in the course of approximately one month. Among the comments allegedly made by Dr. Levengood were: 1) “Cynthia Dortz is queer, asexual, needs a good fucking, but I wouldn’t do it with someone else’s dick. She’s probably a lesbian”; 2) at least two statements to ATP staff members concerning his “fantasy of Cynthia in black leather,” stating that he “would like to pull Cynthia’s hair out of her head. I could shit on her neck.”; 3) “[I] could see Cynthia on weekends, dressed in black leather, wearing a mask”. In addition, Plaintiff alleges that he referred to her as a “the frustrated bitch,” stating in one instance that she was “the frustrated bitch social work supervisor, who had better shape up or else.” Further, Levengood warned Plaintiff, “this could develop into a sado-masochistic relationship, but I’m not going to let that happen.” Defendants contend that some of Levengood’s remarks were not directed at Plaintiff because of her gender or they were not sexual in nature. (Defs.Memo at 26-30.) With respect to certain comments, I do not disagree. For example, Levengood’s comment about a patient masturbating was not directed at Plaintiff because of her gender, and appears to reflect his general crassness rather than sexual harassment. In addition, Levengood’s voodoo doll comment was not sexual in nature or made in a “sexual context.” Nevertheless, other comments were clearly sexual or gender-related, or they give rise to a question of fact that should not be resolved on a motion for summary judgment. For example, a factfinder could conclude that, because there is no evidence that Levengood referred to male workers as “bitch,” “passive-aggressive,” or suggested that they acted as “children” or “need[ed] a good fucking”, or that he conveyed images of men in humiliating sado-masochistic roles, that these comments were directed at Plaintiff because she was a woman. See, e.g., Equal Employment Opportunity Comm’n v. A. Sam & Sons Produce Co., 872 F.Supp. 29, 35-36 (W.D.N.Y.1994) (“the term, “whore’ is usually gender-specific and is certainly more offensive when directed at a woman. Thus the inference is sufficiently strong that [the harassing employee’s] conduct was directed at [the plaintiff] because she was a woman.”); cf. Fair v. Guiding Eyes for the Blind, Inc., 742 F.Supp. 151, 156 (S.D.N.Y.1990) (calling a man on a golf course “bitch” is not considered sexual harassment). Moreover, “the conduct underlying a sexual harassment claim need not be sexual in nature as long as the conduct is directed at the employee because of his or her sex. Adopting such a standard recognizes that ‘intimidation and hostility toward women because they are women can obviously result from conduct other than explicit sexual advances.’ ” Trotta, 788 F.Supp. at 1349 (quoting Hall v. Gus Constr. Co., Inc., 842 F.2d 1010, 1014 (8th Cir.1988)). I would note that Elmhurst’s EEO Officer, Gloria Sierra, testified at her deposition that, in her opinion, Levengood’s comment that quality assurance is like venereal warts (which was made at a meeting attended by both men and women), and his comment to Plaintiff that she was passive-aggressive, could be viewed as sexually harassing statements. (Sierra Depo. at 237-39.) Further, offensive statements made to other ATP staff, including Plaintiffs supervisees, outside of Plaintiffs presence, may also be viewed by a factfinder as having contributed to creating a hostile work environment. See, e.g., Barbetta v. Chemlawn Services Corp., 669 F.Supp. 569, 572 (W.D.N.Y.1987) (“While some of these incidents were not directed specifically at [the plaintiff], and others were not witnessed by her, they are all evidence of a hostile and sexually offensive working environment____”). Indeed, a factfinder could conclude that those remarks made about Plaintiff to her subordinates were humiliating and degrading precisely because they were made to Plaintiffs staff; further, it would not be unreasonable for a factfinder to conclude that, by making such comments to Plaintiffs subordinates, Levengood interfered with and undermined Plaintiffs ability to function in a supervisory capacity. Indeed, several of Plaintiffs supervisees indicated, in written memoranda, that they believed that Levengood’s conduct hindered the functioning of the ATP and Plaintiffs ability to perform her job. (See Defs.Exs. J-O.) Defendants further contend that Levengood’s statements were “no more than sporadic offhand remarks” that cannot be viewed as having created a hostile work environment. (See Defs.Memo at 28.) Although some of the remarks may have been casual, in considering the evidence in a light most favorable to Plaintiff, which I am bound to do, I find that a factfinder could reasonably conclude that Levengood’s comments were, in their totality, more than simply offhand remarks. Indeed, one could reasonably find that, as a whole, Levengood’s conduct was persistent and calculated, sexually degrading, and laced with violent and perverse sexual references. Cuzzi testified at his deposition that he and the two EEOC officers at Elmhurst hospital, Alvarez and Sierra, felt that the comments attributed to Levengood were sexually offensive. (Cuzzi Depo. II at 196-97.) In addition, Velez stated at his deposition that he felt that certain statements were “sexually offensive” and some even “[went] beyond sexual offensiveness.” (Velez Depo. at 60-64.) The fact that Levengood and Plaintiff were required to work closely together within a relatively discrete program may be reasonably viewed by a factfinder as intensifying the severity of Levengood’s conduct. As Elmhurst’s Executive Director, Pedro Velez, testified at his deposition, cooperation between Levengood and Plaintiff was essential for the ATP to function properly. (Velez Depo. at 55.) While Levengood’s conduct may have taken place over a relatively brief period of time — one month — “[it] is not how long the sexual innuendos, slurs, verbal assaults, or obnoxious course of conduct lasts.” Carrero, 890 F.2d at 578. Rather, “in analyzing ‘the totality of the circumstances,’ the pervasiveness of such actions is also to be determined by reference to ‘[t]he offensiveness of the individual actions complained of.’ ” Zveiter v. Brazilian Nat’l Superintendency of Merchant Marine, 833 F.Supp. 1089, 1095 (S.D.N.Y.1993) (quoting Carrero, 890 F.2d at 578). See also A. Sam & Sons Produce Co., 872 F.Supp. at 35; Watts v. New York City Police Department, 724 F.Supp. 99, 105 (S.D.N.Y.1989). The fact that Levengood’s statements were made over approximately a one-month period, therefore, does not necessarily preclude a finding that an abusive work environment existed. See, e.g., Carrero, 890 F.2d at 578 (Second Circuit upheld trial court’s determination that conduct over two-week period constituted sexual harassment sufficient to establish hostile working environment in violation of Title VII); Kotcher, 957 F.2d at 61-63 (Second Circuit upheld court’s finding, after trial, that conduct by harasser over approximately a two-month period in connection with one plaintiff created a h