Aiding & Abetting Sexual Harassment Claim, Based on Supervisor Inaction, Survives Summary Judgment

In Nokaj v. North East Dental Management, LLC et al, 16-cv-3035, 2019 WL 634656 (S.D.N.Y. Feb. 14, 2019), the court (inter alia) denied defendant’s motion for summary judgment on plaintiff’s claim of “aiding and abetting” discrimination (sexual harassment) under the New York State Human Rights Law.

The court holds that plaintiff may maintain an “aiding and abetting” claim – under the New York State Human Rights Law, N.Y. Exec. Law § 296(6) – against their supervisor who witnessed, but failed to take appropriate action with respect to, sexual harassment directed at plaintiff.

From the decision:

Plaintiff has created a triable issue of fact with respect to Antonatos’s liability under the statute. Plaintiff argues that because Antonatos, as one of her supervisors, witnessed alleged incidents of sexual harassment by Gelbart and failed to report them to human resources or upper management, she is liable for aiding and abetting the discrimination against Plaintiff. … [M]any courts have denied summary judgment in cases where the defendant’s participation consisted only of a failure to report or address discriminatory conduct of which he or she was aware. … .

Here, construing all evidence in Plaintiff’s favor, Antonatos witnessed two instances of Gelbart allegedly sexually harassing Plaintiff, and received an unspecified number of informal complaints from Plaintiff on the same subject. … Antonatos concedes that she did not report Gelbart’s conduct to anyone more senior to her at Family Dental or to HR, and that this may have violated Family Dental’s sexual harassment policy. … It is for a jury, and not this Court, to weigh the proffered testimony and determine whether the conduct rises to the level of aiding and abetting a primary violation of § 296.[]

The court thus denied defendants’ motion for summary judgment as to plaintiff’s NYSHRL claim against defendant Antonatos under § 296(6).

17 Comments on "Aiding & Abetting Sexual Harassment Claim, Based on Supervisor Inaction, Survives Summary Judgment"


  1. It’s my belief that mesothelioma is most lethal cancer. It contains unusual qualities. The more I look at it a lot more I am certain it does not react like a true solid tissues cancer. If mesothelioma is really a rogue viral infection, therefore there is the prospects for developing a vaccine in addition to offering vaccination for asbestos open people who are really at high risk regarding developing future asbestos related malignancies. Thanks for revealing your ideas for this important health issue.


  2. The crux of your writing while sounding reasonable initially, did not really sit very well with me personally after some time. Somewhere within the sentences you managed to make me a believer unfortunately just for a very short while. I nevertheless have a problem with your leaps in logic and you would do well to help fill in those gaps. If you actually can accomplish that, I would definitely end up being impressed.


  3. hello there and thank you for your info ?I have certainly picked up something new from right here. I did however expertise some technical issues using this website, since I experienced to reload the site many times previous to I could get it to load correctly. I had been wondering if your web hosting is OK? Not that I’m complaining, but slow loading instances times will often affect your placement in google and could damage your quality score if ads and marketing with Adwords. Anyway I抦 adding this RSS to my email and could look out for a lot more of your respective fascinating content. Ensure that you update this again very soon..


  4. Hello! Would you mind if I share your blog with my zynga group? There’s a lot of people that I think would really enjoy your content. Please let me know. Many thanks


  5. I discovered more a new challenge on this losing weight issue. One issue is a good nutrition is extremely vital if dieting. A huge reduction in fast foods, sugary food, fried foods, sweet foods, pork, and white flour products could be necessary. Keeping wastes parasites, and toxins may prevent aims for losing fat. While specified drugs for the short term solve the challenge, the unpleasant side effects usually are not worth it, and they never supply more than a short-term solution. This is a known idea that 95 of celebrity diets fail. Thank you for sharing your notions on this web site.


  6. Hey very nice website!! Man .. Excellent .. Wonderful .. I’ll bookmark your website and take the feeds also厈I am happy to find a lot of useful information here within the publish, we want develop more strategies on this regard, thank you for sharing. . . . . .

Leave a Reply

Your email address will not be published. Required fields are marked *