Marchuk v. Faruqi & Faruqi, LLP

100 F. Supp. 3d 302, 2015 U.S. Dist. LEXIS 9806, 126 Fair Empl. Prac. Cas. (BNA) 21, 2015 WL 363625
CourtDistrict Court, S.D. New York
DecidedJanuary 28, 2015
DocketNo. 13 Civ. 1669(AKH)
StatusPublished
Cited by14 cases

This text of 100 F. Supp. 3d 302 (Marchuk v. Faruqi & Faruqi, LLP) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marchuk v. Faruqi & Faruqi, LLP, 100 F. Supp. 3d 302, 2015 U.S. Dist. LEXIS 9806, 126 Fair Empl. Prac. Cas. (BNA) 21, 2015 WL 363625 (S.D.N.Y. 2015).

Opinion

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR JUDGMENT AS A MATTER OF LAW

ALVIN K. HELLERSTEIN, District Judge:

After Plaintiff rested her case, Defendants moved for judgment as a matter of law (“JMOL”) as to all Defendants on all claims. For the following reasons, and the reasons stated on the record during the oral argument on January 23, 2015, Defendants’ motion is granted in part and denied in part,

LEGAL STANDARD

Fed.R.Civ.P. 50 permits a court to “enter judgment as a matter of law when a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue.” Newton v. City of New York, 784 F.Supp.2d 470, 474 (S.D.N.Y.2011) (internal citations omitted). The standard mirrors that for summary judgment. Id.

DISCUSSION

1. Title VII Hostile Work Environment Claim

Plaintiff alleges Title VII violations against Plaintiffs employer, Faruqi and Faruqi. Defendants argue that Plaintiffs hostile work environment claim should be dismissed on two grounds.

First, Defendants argue that she has failed to introduce evidence establishing a prima facie case of hostile work environment. But Plaintiff has offered sufficient proof for a reasonable juror to conclude that she was (1) subjected to sufficiently severe or pervasive conduct that a reasonable person would find her work environment hostile or abusive; (2) Plaintiff herself perceived her work environment hostile or abusive; and (3) she was subjected to that conduct at least in part due to her sex. See Patane v. Clark, 508 F.3d 106, 113 (2d Cir.2007). There is no legal basis for dismissing a hostile work environment claim simply because the [307]*307most severe conduct allegedly occurred outside regular office hours, as Defendants argue.1

Defendants also argue that the federal claim must be dismissed because Title VII does not impose individual liability and Plaintiff has not offered sufficient evidence to impute Mr. Monteverde’s conduct to Faruqi & Faruqi. Defendants are wrong. When harassment by a supervisor culminates in tangible employment action, an employer is strictly liable. Vance v. Ball State Univ., — U.S.-, 133 S.Ct. 2434, 2437, 186 L.Ed.2d 565 (2013). And working conditions that “were so intolerable that a reasonable person in the employee’s position would have felt compelled to resign” constitute tangible employment action. Pennsylvania State Police v. Suders, 542 U.S. 129, 130, 124 S.Ct. 2342, 159 L.Ed.2d 204 (2004). ' Plaintiff has offered sufficient proof for a jury to conclude that Mr. Monteverde was her supervisor and that his conduct, if true, was sufficiently severe to compel a reasonable person to resign. There is nothing else she needs to show to impute Mr. Monteverde’s conduct to Faruqi & Faruqi.

Defendants’ invocation of the Faragher/Ellerth doctrine is misguided. Together, Faragher v. Boca Raton, 524 U.S. 775, 807, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742, 761, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998) hold that “if no tangible employment action is taken, the employer may escape liability by establishing, as an affirmative defense, that (1) the employer exercised reasonable care to prevent and correct any harassing behavior and (2) that the plaintiff unreasonably failed to take advantage of the preventive or corrective opportunities that the employer provided.” Vance, 133 S.Ct. at 2437 (emphasis added). As explained above, that does not apply to this case because, if the jury believes Ms. Marchuk, they may conclude that tangible employment action was taken. And even if they do not, a Faragher/Ellerth defense is Defendants’ burden. I cannot say as a matter of law that they have carried it.

The motion for JMOL on Plaintiffs Title VII discrimination claim (Count Three of the Complaint), is denied.

2. NYSHRL Hostile Work Environment Claims (Complaint, Count Two)

“Hostile work environment claims under both Title VII and the [New York State Human Rights Law (“NYSHRL”) ] are governed by the same standard.” Summa v. Hofstra Univ., 708 F.3d 115, 123-24 (2d Cir.2013). There are two important distinctions, however. First, unlike federal law, New York state law permits individual liability. See, e.g., Feingold v. New York, 366 F.3d 138, 158 (2d Cir.2004). Second, an employer is never strictly liable for the conduct of employees, even if the harassing employee is a Plaintiffs supervisor. Human Rights ex rel. Greene v. St. Elizabeth’s Hosp., 66 N.Y.2d 684, 687, 496 N.Y.S.2d 411, 487 N.E.2d 268 (1985). An employer is only liable for conduct that it encouraged, condoned, or expressly or impliedly approved. Id.

In this case, Plaintiff has introduced sufficient evidence for a jury to find that Mr. Monteverde created a hostile work environment. ■ However, she has failed to present any evidence to allow a reasonable jury to conclude that Faruqi & Faruqi or its principals, Nadeem and Lubna Faruqi, encouraged, condoned, or approved of the alleged discriminatory [308]*308conduct. Plaintiff admits that she never complained about Mr. Monteverde to either of the Faruqis. Indeed, she told only one other person at the law firm, Emily Komlossy, about Mr. Monteverde’s behavior, and insisted that Ms. Komlossy not say anything to Mr., or Ms. Faruqi. Trial Tr. at 120:18. Plaintiff informed Ms. Komlossy that Mr. Monteverde had kissed her and grabbed her breast, but her reaction to Mr. Monteverde’s advance was not clear. Id. at 761. Ms. Komlossy relayed this information to Mr. Faruqi. Id. at 766. Mr. Faruqi immediately admonished Mr. Monteverde upon learning of the kissing incident, despite his belief that the encounter may have been consensual. See id. at 825:22-826:2 (“I said, you’re never to do this again. I said, you work for me. She works for me. This is never to happen again. I said, you’re never to be socially alone with her. I said you’re not to put yourself in any position where you can compromise yourself with her. I said, you’re never to do that again.”).

It is undisputed that this was the extent of either Faruqi’s alleged' knowledge of the subject until Plaintiff filed her lawsuit. Based on this evidence, no reasonable juror could find that Mr. or Ms. Faruqi, or the Faruqi & Faruqi law firm, encouraged, condoned or approved of Mr. Monteverde’s alleged conduct. Accordingly JMOL is granted with respect to the Faruqi & Fa-ruqi law firm, and with respect to Nadeem and Lubna Faruqi in their individual capacities. JMOL is denied with respect to Mr. Monteverde.

3. NYCHRL Hostile Work Environment Claims (Complaint, Count One)

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100 F. Supp. 3d 302, 2015 U.S. Dist. LEXIS 9806, 126 Fair Empl. Prac. Cas. (BNA) 21, 2015 WL 363625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marchuk-v-faruqi-faruqi-llp-nysd-2015.