Torres v. Pisano

116 F.3d 625, 1997 WL 290196
Court of Appeals for the Second Circuit·Decided June 3, 1997·No. No. 1137, Docket 96-7939·Published·Cited by 283 cases

Opinion

CALABRESI, Circuit Judge.

This is a ease of hostile work environment harassment, in which the plaintiff-employee [628] has established a prima facie ease and has demonstrated that the defendant-employer knew of the harassment but did not act to stop it forthwith. In it, we are called upon to determine whether the employer can be held liable despite the fact that the victim specifically asked the person to whom she reported the harassment to keep the matter confidential and to refrain from taking action for the time being. The question is by no means an easy one, and its resolution will necessarily depend on the specific circumstances surrounding the harassment. In the instant case, we conclude that the undisputed evidence establishes that the employer behaved reasonably in honoring the plaintiffs request and in failing to take immediate action. We therefore affirm the district court’s grant of summary judgment.

BACKGROUND

Plaintiff Jenice Torres, a Puerto Rican woman, was employed at the New York University (“NYU”) Dental Center (the “Dental Center”) from 1990 to 1994 as an Administrative Secretary to Eugene Coe, the Dental Center’s Facilities Manager. Of the approximately thirty employees under Coe’s command at the Dental Center at that time, Torres was the only woman. Torres alleges (and many of her co-workers corroborate) that during the course of Torres’ employment, Coe constantly harassed her on the basis or her sex and race. Specifically, Torres claims that Coe: 1) “habitually referred to [Torres] as a ‘dumb cunt’ or ‘dumb spic’ in the office”; 2) made insulting remarks about the size of Torres’ breasts and buttocks; 3) made sexual innuendos towards Torres; 4) crudely indicated to other employees his desire to have sex with Torres; 5) frequently told Torres that she should stay home, go on welfare, and collect food stamps like the rest of the “spies”; 6) remarked to other people that when Torres called in sick she was “probably out sucking cocks to earn extra money”; 7) ridiculed Torres’ pregnancy, calling her “beer belly” and suggesting that she was not smart enough to use birth control; and 8) allowed friends of his who visited him at the office to tell people that Torres “gave a blowjob to every man who came into the office,” and to throw money on the table and mockingly order Torres to strip. Coe was apparently in the habit of consuming large amounts of alcohol nearly every day at lunch, which often exacerbated his abusive behavior.

Intimidated by Coe, Torres was afraid to complain to Coe’s supervisors. Although she mentioned the matter to eoworkers, Torres said nothing to NYU’s upper management during the first three years of her employment, and she declined to file a formal harassment charge with NYU or with her union. Finally, in September 1993, Leonard Pisano, the Assistant Director of Maintenance of Academic Facilities at NYU, heard of Coe’s abusive conduct from one of Torres’ coworkers. Pisano called Torres in to meet with him. At that meeting, he suggested to Torres that she file a written complaint. When Torres failed to do so, Pisano reiterated that request in December 1993 or January 1994. Around that same time, Pisano was promoted to Associate Director of Academic Facilities, a position that made him Coe’s direct supervisor.

On February 23,1994, Torres put her complaints in writing, in the form of a handwritten letter that she sent to Pisano. In the letter, Torres wrote: “First of all I would like to apologize for not writing sooner as we had originally discussed. It has taken me quite a while to gather courage and strength to begin this letter.” She continued: “I have never felt so intimidated by anyone until I started working for Mr. Eugene Coe.” She explained that she had not complained to Coe’s supervisors because she knew that they were his friends. She “thought there wasn’t anyone to turn to until [she] met [Pisano].” In the letter, Torres did not recount many specific allegations of harassment. Instead, she listed the ways in which Coe mistreated numerous employees, and offered a general criticism of Coe as a man and a boss. At the close of the letter, Torres explained that “[t]here is so much more, but it will take some time” to explain. She added, “Len, I hope and ask you to please keep this confidential until we both speak about this matter.”

[629] Three days later, at Pisano’s request, Torres sent Pisano a second letter. This letter recounted ten episodes of harassment, such as Coe’s remarking to Torres (whom he knew was a married, extremely religious woman) that “[b]lack men are known for their big penis [sic] and white men are know[n] to have it small, but it doesn’t matter the size it’s how you use it.” The rest of the letter again accused Coe of playing favorites among employees and otherwise misusing his authority.

Pisano met with Torres to discuss the situation in March 1994. At that time, Torres again, in her own words, “told him to keep this confidential.” Relying on that request, Pisano did nothing until late June 1994, when he called Torres in to meet with Stephen Heller, NYU’s Assistant Vice President for Administrative Services. After hearing Torres’ story, Heller referred her to a counselor to help her cope with the harassment. Later that month, while Coe was on vacation, Heller and Pisano met with Torres to inform her that she would be receiving a transfer to Pisano’s office effective before Coe’s return. Torres never worked with Coe again.

Shortly thereafter, Torres filed a discrimination charge with the Equal Employment Opportunity Commission (“EEOC”). In late August 1994, both Pisano and Heller separately asked Torres to drop her EEOC charge. She declined to do so.

In August 1994, Heller confronted Coe about his behavior and commenced an investigation, which culminated in Coe’s termination on September 1, 1994. The following month, Torres was transferred, on her own request, to a position as a departmental secretary at the NYU Medical Center. She received a $6,500 raise in her annual salary.

In early March 1995, Torres received a right-to-sue letter from the EEOC. Three months later, she brought this suit against Coe, Pisano, Heller, and NYU, pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq., Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq., the New York State Human Rights Law, N.Y.Exec.Law §§ 290 et seq., and the New York City Human Rights Law, N.Y.C. Admin. Code §§ 8-101 et seq.1 The complaint also set forth various claims for relief under the common law of torts.

On January 17, 1996, relying on this court’s holding in Tomka v. Seiler Corp., 66 F.3d 1295, 1314 (2d Cir.1995), that, despite the statute’s language to the contrary, individuals cannot be held liable under Title VII, Judge Stanton granted summary judgment and judgment on the pleadings dismissing Torres’ Title VII and Title IX claims against Pisano, Heller, and Coe in their individual capacities. See Torres v. New York Univ., No. 95 Civ. 4106, 1996 WL 15691 (S.D.N.Y. Jan.17, 1996). Judge Stanton also elected to dismiss the pendant state law claims against the individual defendants.

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

Torres v. Pisano, 116 F.3d 625, 1997 WL 290196 (2d Cir. 1997).

116 F.3d 625 (Torres v. Pisano) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Logan Coles & Cody Lord v. Kam-way Transportation
Court of Appeals of Washington, 2017
De La Cruz v. City of New York
783 F. Supp. 2d 622 (S.D. New York, 2011)
Sclafani v. PC Richard & Son
668 F. Supp. 2d 423 (E.D. New York, 2009)
Rojas v. Roman Catholic Diocese of Rochester
557 F. Supp. 2d 387 (W.D. New York, 2008)
Delgado v. Triborough Bridge & Tunnel Authority
485 F. Supp. 2d 453 (S.D. New York, 2007)
Guerrero v. Lowe's Home Centers, Inc.
462 F. Supp. 2d 399 (W.D. New York, 2006)
Hill v. Rayboy-Brauestein
467 F. Supp. 2d 336 (S.D. New York, 2006)
Garone v. United Parcel Service, Inc.
436 F. Supp. 2d 448 (E.D. New York, 2006)
Blessing v. J.P. Morgan Chase & Co.
394 F. Supp. 2d 569 (S.D. New York, 2005)
Stainkamp v. Changes International of Fort Walton Beach, Inc.
373 F. Supp. 2d 163 (E.D. New York, 2005)
Dunbar v. County of Saratoga
358 F. Supp. 2d 115 (N.D. New York, 2005)
Dawson v. County of Westchester
351 F. Supp. 2d 176 (S.D. New York, 2004)
Urie v. Yale University
331 F. Supp. 2d 94 (D. Connecticut, 2004)
Equal Employment Opportunity Commission v. Rotary Corp.
297 F. Supp. 2d 643 (S.D. New York, 2003)
Tekula v. Bayport-Blue Point School District
295 F. Supp. 2d 224 (E.D. New York, 2003)
Munroe v. Compaq Computer Corp.
229 F. Supp. 2d 52 (D. New Hampshire, 2002)
Lumhoo v. Home Depot USA, Inc.
229 F. Supp. 2d 121 (E.D. New York, 2002)