Harassment by Customer, Client, or Patron

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In Ball v. Marriott International, Inc., No. 19-cv-10593 (LJL), 2022 WL 4133207 (S.D.N.Y. Sept. 12, 2022), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive as to how courts address the scenario…

Read More Waitress’s Hostile Work Environment Sexual Harassment Claim, Based on Alleged Conduct by Hotel Guest, Not Imputed to Marriott
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In Creacy v. BCBG Max Azria Grp., LLC, No. 14 CIV. 10008 (ER), 2017 WL 1216580 (S.D.N.Y. Mar. 31, 2017), the court denied defendant’s motion for summary judgment as to her hostile work environment and constructive discharge claims. In sum, plaintiff asserts that defendant subjected her to a racially hostile work environment, retaliated against her, and…

Read More Customer-Caused Race Discrimination/Hostile Work Environment Claims Survive Summary Judgment
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The Southern District of New York’s recent decision in McCray v. Project Renewal, Inc., 15-cv-8494, 2017 WL 715010 (S.D.N.Y. Feb. 22, 2017) (Judge Caproni) serves as another reminder of the procedural hurdles that must be overcome in order to assert an employment discrimination claim in federal court. Plaintiff, proceeding pro se, sued his former employer, Defendant Project Renewal,…

Read More Court Dismisses ADA Disability Discrimination Claim as Unexhausted, Title VII Race Discrimination Claim as Insufficiently Pled
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The Southern District of New York recently denied defendants’ motion to dismiss plaintiff’s complaint alleging sexual harassment, hostile work environment, and retaliation against Urban Outfitters. In Swiderski v. Urban Outfitters, 14-cv-6307, 2015 WL 3513088 (SDNY June 4, 2015), the court held that the plaintiff pleaded an actionable hostile work environment claim based on the conduct…

Read More Sexual Harassment/Hostile Work Environment Lawsuit (Based in Part on Customer Conduct) Against Urban Outfitters Continues
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By now you may have read the open letter by SoHo bartender Laura Ramadei to customer/hedge funder Brian Lederman, chronicling an unpleasant encounter in which Lederman allegedly groped Ms. Ramadei while she was waiting on him and then left her a paltry tip because she rejected his amorous advances. Here’s the Gothamist article about the incident.…

Read More Sexual Harassment by Non-Employee Customers, Clients, and Patrons
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Here is the complaint filed on August 8, 2014 against Urban Outfitters. Plaintiff alleges that she was subjected to sexual harassment by customers and store personnel, constructive discharge, and retaliation. (Update: In a June 9, 2015 decision, the court denied defendant’s motion to dismiss.) From her complaint: From the beginning of Plaintiff’s employment, Defendant [], despite being…

Read More Sexual Harassment Lawsuit Against Urban Outfitters
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Here’s the recently-amended class-action sexual harassment lawsuit, Sanz et al v. Johny Utah 51 LLC et al., 14-cv-04380, filed by several employees against western-themed bar Johnny Utah’s. It also contains claims of wage violations under the FLSA and New York Labor Law. NY Post coverage here. Specifically, it alleges that “[b]y intentionally using the ramped…

Read More Sexual Harassment Lawsuit Against Johnny Utah’s
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