Harassment by Customer, Client, or Patron Archives

September 14, 2022 by mjpospis

Waitress’s Hostile Work Environment Sexual Harassment Claim, Based on Alleged Conduct by Hotel Guest, Not Imputed to Marriott

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…

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September 10, 2019 by mjpospis

Sexual Harassment by Customers and Clients

If you are an employee and subjected to sexual harassment by a customer or client of your employer, may you sue your employer? In a relatively recent case, Swiderski v. Urban Outfitters, 2017 WL 6502221 (S.D.N.Y. 2017), the court explained: With respect to customer harassment [under the New York City Human Rights Law], it is…

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December 18, 2017 by mjpospis

Sexual Harassment Claim Survives Against Urban Outfitters

In Swiderski v. Urban Outfitters, 14-cv-6307 (SDNY Dec. 18, 2017), the court held that plaintiff presented enough evidence of sexual harassment to survive summary judgment. This case arose from sexual harassment by, inter alia, a customer and by a loss prevention agent employed by defendant. Here is the decision:

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April 7, 2017 by mjpospis

Customer-Caused Race Discrimination/Hostile Work Environment Claims Survive Summary Judgment

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…

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February 24, 2017 by mjpospis

Court Dismisses ADA Disability Discrimination Claim as Unexhausted, Title VII Race Discrimination Claim as Insufficiently Pled

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,…

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June 9, 2015 by mjpospis

Sexual Harassment/Hostile Work Environment Lawsuit (Based in Part on Customer Conduct) Against Urban Outfitters Continues

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…

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September 20, 2014 by mjpospis

Sexual Harassment by Non-Employee Customers, Clients, and Patrons

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.…

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August 14, 2014 by mjpospis

Sexual Harassment Lawsuit Against Urban Outfitters

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…

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July 7, 2014 by mjpospis

Sexual Harassment Lawsuit Against Johnny Utah’s

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…

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