Rice v. Smithtown Volkswagen

321 F. Supp. 3d 375
CourtDistrict Court, E.D. New York
DecidedAugust 13, 2018
Docket2:17-cv-03649 (ADS)(AYS)
StatusPublished
Cited by9 cases

This text of 321 F. Supp. 3d 375 (Rice v. Smithtown Volkswagen) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rice v. Smithtown Volkswagen, 321 F. Supp. 3d 375 (E.D.N.Y. 2018).

Opinion

SPATT, District Judge:

On June 16, 2017, the plaintiff Wayne Rice (the "Plaintiff") commenced this employment discrimination action against his former employers Volkswagen Group of America and Smithtown Volkswagen (together, the "Corporate Defendants"), as well as an individual employed by the Corporate Defendants, specifically, Joe Bindels ("Bindels") (together with Smithtown Volkswagen, the "Defendants"). The Plaintiff alleges gender discrimination and retaliation, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. ("Title VII") and New York Executive Law § 290, et seq. ("NYHRL").

Presently before the Court is a motion by the Defendants, pursuant to Federal Rule of Civil Procedure ("FED. R. CIV. P." or "Rule") 12(b)(6), seeking to dismiss the Complaint for failure to state a claim upon which relief may be granted.

For the following reasons, the Court denies the Defendants' motion to dismiss.

I. BACKGROUND

A. THE FACTUAL BACKGROUND

1. The Parties

Unless otherwise noted, the following facts are drawn from the Plaintiff's Complaint, and for the purposes of the instant motion, are construed in favor of the Plaintiff.

The Plaintiff is a male heterosexual. Compl. ¶ 10. At the time of the facts underlying the Complaint, the Plaintiff was a resident of Suffolk County. Id. ¶ 4.

Smithtown Volkswagen is an automobile dealership located in Suffolk County. Id. ¶¶ 6, 14. Bindels is an officer and owner of Smithtown Volkswagen. Id. ¶ 8. In this role, Bindels possesses the authority to hire, fire and make personnel decisions. Id. ¶ 11.

The Plaintiff worked at Smithtown Volkswagen from September 21, 2015 to September 4, 2016 as a general sales manager. Id. ¶¶ 17, 42. According to the Complaint, *381Bindels set out the Plaintiff's job responsibilities, which included ordering inventory and providing pricing to salespersons for transactions with customers; overseeing the preparation and delivery of sales; overseeing the finance department; appraising used cars; handling issues with the manufacturer; and administering various customer retention and outreach programs. Id. ¶¶ 18-21. During his time at Smithtown Volkswagen, the Plaintiff purportedly performed all of his duties in a satisfactory manner. Id. ¶¶ 21, 49.

2. The Relevant Facts

The Plaintiff alleges that, over a roughly six month period, Bindels engaged in an ongoing series of harassing behavior to him consisting of overt sexual advances; the sending of graphic sexual imagery; and promises of job security in exchange for sexual favors. Furthermore, the Plaintiff claims that Bindels continued this conduct despite multiple objections and protests from the Plaintiff, culminating in Bindels directing another Smithtown Volkswagen employee to fire the Plaintiff.

Bindels's alleged harassment began on February 20, 2016, when, from his work e-mail address, he sent the Plaintiff several full body naked pictures of himself masturbating. Id. ¶¶ 23-24. These pictures included a close-up enlarged picture of the head of Bindels's penis with white fluid dripping down, as well as pictures of Bindels lying totally naked on his back with his legs spread and his penis fully erect. Id. ¶ 25.

Less than a week later, on February 26, 2016, the Complaint alleges that Bindels went to the Plaintiff's office and asked him if he liked the pictures. Id. ¶ 27. The Plaintiff responded by asking Bindels why he sent the pictures, telling Bindels he did not like them, and expressing his desire for Bindels to leave him alone. Id. ¶ 28.

According to the Complaint, Bindels continued making sexual advances despite the Plaintiff's objections in their February 26, 2016 confrontation. Id. ¶ 29. Specifically, Bindels told the Plaintiff on several additional occasions that he wanted to have sex with him. Id. Each time, the Plaintiff refused and told Bindels to stop. Id. ¶¶ 30, 32, 36, 39.

For instance, the Complaint alleges that on or about April 15, 2016, Bindels approached the Plaintiff again asking if he liked his photographs and told the Plaintiff that "we should get together and have some fun." Id. ¶ 31.

As time progressed, Bindels allegedly began tying his advances to promises of job security. Specifically, on or about June 15, 2016, Bindels told the Plaintiff that his job at Smithtown Volkswagen would be secure in the future if he had sex with Bindels. Id. ¶ 35. And on August 24, 2016, Bindels told the Plaintiff that he would make more money and have a secure future at Smithtown Volkswagen if he succumbed to Bindels's advances. Id. ¶ 38.

After this last incident, the Plaintiff lodged an informal complaint with another Smithtown Volkswagen employee, telling the newly hired general manager, David Hovell ("Hovell"), about the naked pictures from Bindels and imploring him that something needed to be done to stop the harassment. Id. ¶ 41.

Shortly thereafter, the Complaint alleges that, on September 4, 2016, Bindels ordered Hovell to fire the Plaintiff for rejecting his advances and for complaining to Hovell. Id. ¶ 42. Upon receiving this directive, Hovell called the Plaintiff and told him that "they" were going to go in a different direction, and that his services were no longer needed. Id. ¶¶ 43-44. When the Plaintiff asked why he was fired, Hovell did not describe any performance issues or other business reasons for the *382decision. Id. ¶ 46. Rather, Hovell simply stated: "Joe (Bindels) no longer wants you here." Id. ¶ 45.

On these facts, the Plaintiff alleges causes of action based on gender discrimination through sexual harassment and retaliation in violation of Title VII and the NYHRL.

B. THE PROCEDURAL BACKGROUND

On June 16, 2017, the Plaintiff filed the present action against Volkswagen Group of America, Smithtown Volkswagen, and Joe Bindels claiming violations of Title VII and the NYHRL. The Plaintiff filed this action prior to the expiration of 90 days after receiving a Notice of Right to Sue from the Equal Employment Opportunity Commission ("EEOC").

On September 20, 2017 the Defendants moved under Rule 12(b)(6) to dismiss the Complaint, contending that the Plaintiff's allegations, even if taken as true, fail to plausibly state a claim upon which relief can be granted.

On December 22, 2017, the Plaintiff dismissed the action with prejudice against Volkswagen Group of America pursuant to Rule 41(a)(1)(A)(ii).

II. DISCUSSION

A. LEGAL STANDARD FOR A MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(B)(6)

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
321 F. Supp. 3d 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rice-v-smithtown-volkswagen-nyed-2018.