167 F. Supp. 3d 451
W.D.N.Y.2016Background
- Kennedy was hired in Sept. 2013 as Director of Community Relations for Assembly Member Dennis Gabryszak and worked closely with him until the office closed in Jan. 2014.
- She alleges frequent, escalating sexual comments, invitations, and conduct by Gabryszak and that she complained to his chief of staff, Adam Locher, who took no remedial action.
- Kennedy alleges the Assembly and Speaker Sheldon Silver failed to disseminate or enforce the Assembly’s sexual-harassment policy and failed to train/supervise staff, citing prior harassment incidents involving other members.
- Kennedy filed administrative charges with the State Division of Human Rights and the EEOC and received a right-to-sue notice before filing this suit asserting Title VII, § 1983, and NYSHRL hostile-work-environment/sexual-harassment claims.
- Court dismissed Title VII claims against the State and the Assembly for lack of jurisdiction, finding Kennedy falls within the Title VII “personal staff” exemption.
- Court denied dismissal of § 1983 and NYSHRL claims against Gabryszak (claims may proceed) but granted dismissal as to Silver (no personal involvement and qualified immunity) and dismissed all claims against State/Assembly without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Title VII applies or Kennedy is exempt as a member of an elected official’s "personal staff" | Kennedy: classification is fact-intensive; she is an employee entitled to Title VII protections | State/Assembly: Title VII excludes persons chosen by an elected official to be on that official’s personal staff; thus court lacks jurisdiction | Held: Kennedy falls within the personal-staff exemption; Title VII claims against State and Assembly dismissed for lack of subject-matter jurisdiction |
| Whether Gabryszak’s conduct states a § 1983 and NYSHRL hostile-work-environment claim | Kennedy: repeated, pervasive sexualized conduct created an objectively and subjectively hostile workplace | Gabryszak: conduct amounted to boorish/offensive isolated incidents insufficient to state a constitutional or statutory claim | Held: Allegations sufficiently frequent and pervasive to plausibly state § 1983 and NYSHRL claims against Gabryszak; motion to dismiss denied |
| Whether Silver is liable under § 1983 (personal involvement or supervisory liability) | Kennedy: Silver enabled or condoned harassment by failing to disseminate policy, train, or supervise; Assembly culture showed condoning of harassment | Silver: No knowledge of Gabryszak’s conduct; published a policy; entitled to qualified immunity and dismissal for lack of personal involvement | Held: Dismissed — Kennedy failed to plead Silver’s personal involvement or notice; Silver entitled to qualified immunity |
| Whether NYSHRL claims survive against individual defendants where § 1983 fails | Kennedy: NYSHRL imposes individual liability for participation/aid in discrimination | Defendants: NYSHRL liability requires actual participation or personal involvement similar to § 1983 | Held: NYSHRL claim against Silver dismissed for lack of personal involvement; NYSHRL claim against Gabryszak proceeds |
Key Cases Cited
- Scelsa v. City Univ. of N.Y., 76 F.3d 37 (2d Cir. 1996) (party invoking federal jurisdiction bears burden of proof)
- Makarova v. United States, 201 F.3d 110 (2d Cir. 2000) (Rule 12(b)(1) dismissal standard)
- J.S. ex rel. N.S. v. Attica Cent. Schs., 386 F.3d 107 (2d Cir. 2004) (consideration of factual allegations on a 12(b)(1) motion)
- EEOC v. State of Vermont, 904 F.2d 794 (2d Cir. 1990) (discussion of "personal staff" and close working relationships)
- Teneyuca v. Bexar County, 767 F.2d 148 (5th Cir. 1985) (multi-factor, fact-intensive test for "personal staff" status)
- Annis v. County of Westchester, 36 F.3d 251 (2d Cir. 1994) (sexual harassment actionable under § 1983 when it transcends boorish behavior)
- Saulpaugh v. Monroe Community Hosp., 4 F.3d 134 (2d Cir. 1993) (§ 1983 may be used for hostile-work-environment sexual harassment by public officials)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (complaint must plead plausible entitlement to relief)
- Bell Atlantic v. Twombly, 550 U.S. 544 (U.S. 2007) (plausibility standard for pleadings)