Sexual Harassment/Retaliation Lawsuit, Based on EEOC Finding of “Disparate Discipline”, Against Kateri Residence/Arch Care

In a recently-filed Manhattan federal lawsuit, captioned Kadir-Tahir v. Kateri Residence/Arch Care et al (SDNY 16-cv-05094), plaintiff asserts claims of sex discrimination and sexual harassment and retaliation by defendants, in violation of Title VII, the NY State Human Rights Law, and the NYC Human Rights Law.

The lawsuit is supported by an EEOC finding in favor of the plaintiff/charging party. In that determination (attached to the complaint as Exhibit A) the EEOC states:

Credible evidence obtained by the [EEOC] during [its investigation] supports Charging Party’s allegation that she was subjected to harassment and sexual harassment by her coworker and terminated in retaliation for her complaints. Charging Party was no more disruptive, nor her conduct more unacceptable, than that of her accused male coworker, yet he was not subjected to similar discipline or termination. Respondent’s defense that Charging Party was terminated due to insubordination and threatening co-workers does not withstand scrutiny. The [EEOC] has determined that there is reasonable cause to believe that Respondent retaliated against Charging Party by terminating her because she engaged in a protected activity, in violation of Title VII.

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