336 F. Supp. 3d 187
S.D. Ill.2018Background
- Plaintiff Ashlynn Alexander worked as a body double on The Affair (Oct 2013–Sep 2015) and received a call sheet labeling her role as "Alison Sexytime Double."
- She complained the next day to assistant director Travis Rehwaldt that the call-sheet entry was sexual harassment; Rehwaldt allegedly admitted it was inappropriate and warned she could be replaced.
- Six days after complaining, Alexander was told she was no longer needed; defendants gave a hair-match explanation which she disputes.
- Employment was governed by a Performer's Freelance Television Contract that incorporated the Screen Actors Guild CBA; the contract included an arbitration clause incorporating the CBA.
- The CBA’s Section 50 makes certain termination disputes (including body doubles) arbitrable, but Section 59 (non-discrimination policy) states matters in that section are not subject to Section 50.
- Procedural posture: Defendants moved to compel arbitration or, alternatively, to dismiss under Rule 12(b)(6). Court denied both motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Alexander must arbitrate her discrimination/retaliation claims | Contract/CBA do not clearly and unmistakably require arbitration of discrimination claims; §59 exempts discrimination matters | Broad arbitration clause and §50 make disputes involving body doubles arbitrable, so claims should be compelled to arbitration | Denied — no clear and unmistakable waiver of statutory discrimination claims; §59 excludes discrimination matters from §50 |
| Whether Title VII retaliation claim survives 12(b)(6) | Alexander engaged in protected activity (complaint), suffered adverse action (loss of work) with plausible causal link | Dismissal argued as appropriate (challenging plausibility/causation) | Denied — allegations sufficiently plead protected activity, adverse action, and causation for retaliation |
| Whether NYCHRL hostile-work-environment/sex-discrimination claim survives | The call-sheet entry and context amount to unwanted gender-based conduct sufficient under the NYCHRL's broad remedial standard | Characterized incident as minor/slight and not actionable | Denied — pleadings state an NYCHRL discrimination claim (need only show unequal treatment/unwanted gender-based conduct) |
| Whether NYSHRL and NYCHRL retaliation claims survive | Plaintiff alleges retaliatory discharge shortly after complaint; NYCHRL requires lower showing (deterrence), NYSHRL requires materially adverse change | Argued insufficient adverse action/causation | Denied — facts plausibly show retaliation under both NYSHRL and the more lenient NYCHRL standard |
Key Cases Cited
- AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (arbitration agreements enforced under FAA)
- First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938 (ordinary state-law contract principles govern arbitration scope)
- Wright v. Universal Mar. Serv. Corp., 525 U.S. 70 (collectively bargained arbitration of statutory discrimination claims requires clear and unmistakable evidence)
- T.Co Metals, LLC v. Dempsey Pipe & Supply, Inc., 592 F.3d 329 (apply state contract-formation rules to arbitration scope)
- Lawrence v. Sol G. Atlas Realty Co., 841 F.3d 81 (exacting standard for arbitration of statutory discrimination claims in CBA context)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (plausibility standard for complaints)
- Ashcroft v. Iqbal, 556 U.S. 662 (legal conclusions vs. well-pleaded facts at pleading stage)
- Littlejohn v. City of New York, 795 F.3d 297 (elements for Title VII retaliation claim)
- Mihalik v. Credit Agricole Cheuvreux N. Am., 715 F.3d 102 (NYCHRL discrimination requires showing less-favorable treatment based on gender)
- Williams v. New York City Housing Authority, 61 A.D.3d 62 (NYCHRL to be construed broadly; remedial purpose)