489 F.Supp.3d 68
E.D.N.Y2020Background
- Plaintiff Lovely Antoine, hired as a housekeeper by Brooklyn Maids in Oct. 2018, alleges repeated sexual harassment, a forcible sexual assault in Feb. 2019, and a violent choking/threatening incident by CEO/supervisor James Henestroza on or about Mar. 1, 2019.
- After rejecting Henestroza’s advances, Antoine alleges he reduced her hours, withheld wages, and ultimately created an intolerable work atmosphere causing her to quit and relocate to a domestic-violence shelter.
- Antoine filed an EEOC charge (July 1, 2019), received a right-to-sue (Sept. 9, 2019), and sued under Title VII, the NYSHRL, and the NYCHRL (Oct. 8, 2019); she also asserted state-law assault and battery claims against Henestroza individually.
- Defendants were properly served but did not respond; the clerk entered default on Jan. 21, 2020; plaintiff moved for default judgment and testified at an inquest (June 26, 2020).
- The court found defendants’ default willful, accepted plaintiff’s well-pleaded allegations as true, held defendants liable on the federal, state, and city discrimination and retaliation claims and held Henestroza individually liable for assault and battery, and awarded damages, fees, and interest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entry of default judgment / willfulness of default | Service was proper; defendants ignored complaint and motions; default entry appropriate | No responsive pleading or opposition (no argument presented) | Service was proper; defendants’ failure to respond and awareness of the suit amounted to willful default; default judgment granted. |
| Hostile work environment / sex discrimination (Title VII & NYSHRL) | Recurrent sexual comments, a forcible sexual assault, and related conduct created an abusive workplace | No answer/defense presented | A single forcible sexual assault is sufficiently severe to establish a hostile work environment under Title VII and NYSHRL; liability established. |
| Retaliation (Title VII & NYSHRL) | Rejection of supervisor’s sexual advances was protected activity; subsequent reduction of hours and withholding wages were materially adverse and causally connected | Some authority argues mere rejection is not protected; here no defense presented | Court holds rejection of advances was protected (given power imbalance); adverse actions and temporal proximity establish retaliation. |
| Employer and individual liability (Title VII, NYSHRL, NYCHRL) | Employer vicariously liable for supervisor’s tangible employment actions; individual liable under state/city law for participating in conduct | Brooklyn Maids argued (implicitly by omission) no basis to impute liability under NYSHRL absent knowledge/condonation | Title VII: employer (Brooklyn Maids) vicariously liable for CEO’s acts. NYSHRL: Henestroza individually liable; employer liability not sufficiently alleged. NYCHRL: both Henestroza and Brooklyn Maids liable. |
| Remedies / damages (back pay, front pay, emotional distress, punitive, fees) | Sought back pay, front pay, emotional distress, punitive damages, attorneys’ fees and costs (specific amounts provided) | No opposition presented | Court awarded (jointly and severally): back pay $81,180; prejudgment interest on back pay; front wages $98,961; emotional distress $200,000; punitive $375,000; attorneys’ fees $12,631.25; costs $665; plus post-judgment interest. |
Key Cases Cited
- Greyhound Exhibitgroup, Inc. v. E.L.U.L. Realty Corp., 973 F.2d 155 (2d Cir. 1992) (default admits well-pleaded factual allegations)
- S.E.C. v. McNulty, 137 F.3d 732 (2d Cir. 1998) (failure to respond to complaint indicates willfulness for default purposes)
- Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986) (recognized hostile work environment as Title VII violation)
- Harris v. Forklift Sys., Inc., 510 U.S. 17 (1993) (hostility standard factors: frequency, severity, threatening/humiliating, interference with work)
- Alfano v. Costello, 294 F.3d 365 (2d Cir. 2002) (single extraordinarily severe incident can support hostile work environment)
- Tomka v. Seiler Corp., 66 F.3d 1295 (2d Cir. 1995) (single incident of sexual assault can alter conditions of employment)
- Summa v. Hofstra Univ., 708 F.3d 115 (2d Cir. 2013) (elements of retaliation claim)
- Mihalik v. Credit Agricole Cheuvreux N. Am., Inc., 715 F.3d 102 (2d Cir. 2013) (NYCHRL more protective standard; need only show treated "less well")
- Gorzynski v. JetBlue Airways Corp., 596 F.3d 93 (2d Cir. 2010) (supervisor misconduct imputable to employer)
- BMW of N. Am., Inc. v. Gore, 517 U.S. 559 (1996) (factors for evaluating punitive damages)