$2.2 Million Verdict in Male Truck Driver’s Sexual & Race Harassment Lawsuit

A Manhattan federal jury recently awarded $2.2 million to male trucking company employee Raymond Rosas and rejected defendant’s counterclaim for conversion. In that lawsuit, captioned Rosas v. Balter Sales Co. Inc. et al. (SDNY 12-cv-6557), plaintiff – a Hispanic male – asserted claims of (e.g.) race discrimination, gender discrimination, hostile work environment, sexual harassment, and retaliation.

In his Amended Complaint, plaintiff alleged (among other things) that his supervisor Barry Rosenberg drew penis pictures on plaintiff’s paychecks, stuck his tongue out and tried to lick plaintiff’s face, repeatedly tried to grab plaintiff’s buttocks, and hugged plaintiff; that another supervisor, Mark Balter, spoke in a demeaning tone towards plaintiff and other minority workers; and that defendants retaliated against plaintiff for having sought legal counsel by filing a police report alleging that plaintiff stole from them.

Here is the breakdown, per the jury’s verdict forms as to liability and compensatory damages and punitive damages:

  • $250,000 compensatory damages against Balter Sales;
  • $250,000 compensatory damages against Mark Balter;
  • $250,000 compensatory damages against Arnold Balter;
  • $50,000 compensatory damages against Barry Rosenberg;
  • $1,400,000 punitive damages against Balter Sales, Mark Balter, and Arnold Balter.
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