Joseph v. HDMJ Restaurant, Inc.
2013 U.S. Dist. LEXIS 128371
E.D.N.Y2013Background
- Plaintiff Germelia Joseph, a Black woman of Haitian origin, worked as a waitress at HDMJ Restaurant from ~March 2004 until January 23, 2006 and alleges pervasive racial, sexual, and national-origin harassment by supervisors/owners (George, Gus, Peter Athanasopoulos).
- Alleged misconduct included racial and sexual epithets, repeated demands for oral sex, a threat with a knife, a physical assault down stairs, being sent home without pay for 12 days, and termination the day after complaining.
- Joseph sued HDMJ (and named owners) under Title VII and the ADA (plus state claims later dismissed). The court dismissed claims against the individual owners and state-law claims, leaving Title VII and ADA claims against HDMJ.
- HDMJ’s counsel withdrew; the corporation refused to retain new counsel despite court warnings. The clerk entered default against HDMJ after it failed to answer.
- Magistrate Judge Tomlinson recommended (and Judge Seybert adopted) default judgment in part: liability on Title VII hostile-work-environment and retaliation claims; ADA claims dismissed. Damages awarded: $10,650 back pay + prejudgment interest (3.37% compounded annually), $30,000 compensatory damages, and $4,371.75 in attorneys’ fees. ADA claims dismissed with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Liability on Title VII hostile work environment | Joseph alleged severe and pervasive racial/sexual harassment by supervisors that created an abusive workplace | HDMJ defaulted and raised no meritorious defense after pleading stage | Default established liability; Title VII hostile-environment claim sustained |
| Liability on Title VII retaliation | Joseph complained about harassment; was terminated the next day — causal nexus | HDMJ offered no opposing evidence (defaulted) | Retaliation claim sustained |
| Liability under the ADA | Joseph alleged knee injury from a 2005 car accident and subsequent problems | HDMJ argued (earlier) various defenses; on the merits court analyzed disability status | ADA claim dismissed: injury not a qualifying disability and no causal link to termination |
| Entry of default judgment (procedural) | Move for default judgment after clerk’s entry of default | HDMJ failed to retain counsel and did not oppose motion | Court granted default judgment in part due to willfulness, lack of meritorious defense, and prejudice to plaintiff |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (establishes burden-shifting framework for discrimination claims)
- Harris v. Forklift Sys., Inc., 510 U.S. 17 (1993) (hostile-work-environment standard: objective and subjective elements)
- Faragher v. City of Boca Raton, 524 U.S. 775 (1998) (employer vicarious liability and affirmative defenses for supervisor-created hostile environments)
- Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 (1998) (same; framework for employer liability for supervisor harassment)
- Greyhound Exhibitgroup, Inc. v. E.L.U.L. Realty Corp., 973 F.2d 155 (2d Cir. 1992) (default constitutes admission of well-pleaded allegations but not damages)
- Pecarsky v. Galaxiworld.com, Ltd., 249 F.3d 167 (2d Cir. 2001) (factors for granting or setting aside default judgment)