Dillon v. Ned Management, Inc.
85 F. Supp. 3d 639
E.D.N.Y2015Background
- Plaintiff (Dillon) worked for Ned Management, a small family-run medical billing practice, from Feb–Oct 2012 as a secretary/front-desk attendant and nerve conduction technician.
- In August–October 2012, defendant Yakov Fridman (a long‑time family associate who delivered paychecks and requested employee assistance) made lewd comments, offered money for sexual exposure, and on one occasion allegedly grabbed Dillon’s buttock while she was assisting him in his car.
- Dillon complained informally to her supervisor Joe Milligan and to owner Eric Vainer; Vainer allegedly dismissed the claim, told her to "get an attorney," and conducted a brief, limited investigation. Payroll docked Dillon’s pay (on Mrs. Vainer’s instruction) for the day she alleged the touching; she was terminated nine days after complaining.
- Defendants claim Dillon was repeatedly late and was fired for tardiness; they dispute the harassment allegations and contend the termination was non‑retaliatory.
- The court denied defendants’ motion for summary judgment and held that claims will proceed to trial: Title VII and NYCHRL hostile work environment and retaliation claims against Ned Management; NYCHRL hostile work environment, retaliation, and aiding/abetting claims against individual defendants (Fridman, E. Vainer, P. Vainer); NYCHRL hostile work environment and aiding/abetting claims against Milligan; and a state assault and battery claim against Fridman.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Hostile work environment under Title VII (employer liability) | Fridman’s sexual comments, cash offers, and the single physical contact were severe or pervasive; Fridman acted with supervisory influence so Ned Management is liable | Defendants deny harassment occurred or say Fridman was not a supervisor; argue insufficient severity/pervasiveness | Denied summary judgment: a single touching of an intimate body part + surrounding conduct can establish Title VII hostile environment and permit imputation to employer given Fridman’s influence and inadequate employer response |
| Hostile work environment under NYCHRL (employer & individuals) | NYCHRL is broader; even a single gender‑based incident can establish differential treatment; individuals who participated or failed to remediate are liable | Defendants argue lack of actionable conduct and contest individual liability | Denied summary judgment: NYCHRL claims against Ned Management and the individual defendants survive for trial under the more plaintiff‑friendly municipal standard |
| Retaliation under Title VII (against Ned Management) | Dillon engaged in protected activity (informal complaints); pay docking and termination were adverse actions closely following complaint and defendants’ stated lateness reason is pretext | Defendants proffer nondiscriminatory reason: excessive lateness | Denied summary judgment: plaintiff made prima facie showing and raised questions of pretext sufficient for jury resolution |
| Retaliation & aiding/abetting under NYCHRL (individuals) | Individual defendants directly participated in or aided retaliation (pay docking, termination, inadequate investigation) and NYCHRL allows individual liability | Defendants dispute participation and motive; argue legitimate nondiscriminatory reasons | Denied summary judgment: facts raising triable issues (inconsistent testimony, payroll instruction, timing) permit NYCHRL retaliation and aiding/abetting claims to proceed |
Key Cases Cited
- Mentor Sav. Bank v. Vinson, 477 U.S. 57 (1986) (recognizes supervisor sexual harassment violates Title VII)
- Harris v. Forklift Sys., 510 U.S. 17 (1993) (severity/pervasiveness standard for hostile work environment)
- Faragher v. City of Boca Raton, 524 U.S. 775 (1998) (employer affirmative defense where reasonable preventive/corrective measures exist)
- Burlington Indus. v. Ellerth, 524 U.S. 742 (1998) (companion employer liability/defense guidance)
- Vance v. Ball State Univ., 570 U.S. 421 (2013) (defines "supervisor" for vicarious liability purposes)
- Crawford v. Metro. Gov’t of Nashville, 555 U.S. 271 (2009) (protected activity includes informal complaints; anti‑retaliation protection)
- Mihalik v. Credit Agricole Cheuvreux N. Am., Inc., 715 F.3d 102 (2d Cir. 2013) (NYCHRL must be analyzed separately and more liberally than federal law)
- Redd v. N.Y. Div. of Parole, 678 F.3d 166 (2d Cir. 2012) (single touching of intimate body part can be severe form of harassment)