by 103 comments on "Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment Against Compass Group USA"

Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment Against Compass Group USA

In Wright v. Compass Group USA, No. 516793/2018, 2021 WL 2354877 (N.Y. Sup Ct, Kings County June 08, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment (hostile work environment) claims asserted under the New York State and City Human Rights Laws (NYSHRL and NYCHRL, respectively).

The court summarized the facts, in pertinent part, as follows:

Plaintiff alleges that, in April 2017, the plaintiff’s supervisor, defendant Bertrand Dulac, reached his hand into the plaintiff’s front left pants pocket in an attempt to take the plaintiff’s cell phone. The plaintiff alleges that he felt Mr. Dulac’s hand touch his penis and stated that he pushed Mr. Dulac’s hand away and told him to stop. In May 2017, the plaintiff alleges that Mr. Dulac picked up a ripe banana and said to plaintiff: “Mark, look at this banana. It is so big and juicy. It looks like a Jamaican banana. I like Jamaican bananas because they are always big and juicy.” The plaintiff alleges that he believed the comments were referencing his penis, and that he felt shame, embarrassment, and humiliation as a result. In June 2017, the plaintiff alleged that Mr. Dulac told him to remove a towel from his back pocket because his “ass is big” and that he needs to “lose weight” because he is “getting too fat inside there.” The plaintiff further alleges that on October 11, 2017, Mr. Dulac entered the locker room while the plaintiff was on break and attempted to forcefully remove the phone from plaintiff by holding on to plaintiff’s hand. The plaintiff also testified to another occasion where Mr. Dulac tried to forcefully remove the plaintiff’s phone from his hand in the hallway. On October 25, 2017, the plaintiff claims that while he was talking to a co-worker, Mr. Dulac told plaintiff that he was “flirting with a man.”

Plaintiff states that he reported this conduct to a man named “Steve” at Human Resources for the first time on or about October 31, 2017, and that he again spoke with Steve on November 8th. The plaintiff alleges in his complaint that Steve responded to him by saying something to the effect of “I don’t see how this is harassment, but I’ll report your claim,” and further stated that the “matter has been reported to the District Vice President and will be dealt with according to company policies.” Plaintiff also alleges that no investigation was conducted, no disciplinary action was taken, and that plaintiff was forced to continue working under Mr. Dulac’s supervision. Plaintiff further testified that on January 30, 2018, he complained of sexual harassment, sexual assault, gender discrimination, and retaliation through his attorneys in a pre-litigation letter sent to defendants. [Citations omitted.]

The court summarized the law as follows:

A plaintiff claiming a hostile work environment animated by discrimination in violation of the [NYSHRL] must establish that the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the condition of the plaintiff’s employment and create an abusive work environment. To determine whether a hostile work environment exists, a court must consider all the circumstances, including the frequency of the discriminatory conduct, its severity, whether it is physically threatening or humiliating, or a mere offensive utterance, and whether it unreasonably interfered with an employee’s work performance.

The [NYCHRL] is broader than [the NYSHRL], and provides that a plaintiff claiming harassment/hostile work environment need only demonstrate that he or she was treated “less well than other employees” because of a characteristic protected by the NYCHRL, such as race, religion, or gender. … The Court further recognized an affirmative defense whereby defendants can still avoid liability if they prove that the conduct complained of consists of nothing more than what a reasonable victim of discrimination would consider petty slights and trivial inconveniences. Moreover, the record must be examined as a whole to determine whether, in light of all the circumstances, the evidence supports a finding discriminatory intent. [Citations omitted; cleaned up.]

Applying the law, the court explained:

Viewing all the circumstances and facts in the light most favorable to the plaintiff, the defendant’s motion for judgment as a matter of law dismissing the plaintiff’s NYCHRL and NYSHRL claims for hostile work environment based on sexual harassment is denied. The plaintiff alleges that defendant Bertrand Dulac made physical contact with him and subjected him to inappropriate verbal comments from April 2017 through October 31, 2017. There are issues of fact as to whether the incidents alleged by the plaintiff, which took place over the course of seven months, created an abusive working environment. In this case, the defendants fail to establish an entitlement to summary judgment, as issues of fact exist with regard to whether a reasonable victim of discrimination would consider plaintiff’s allegations nothing more than petty slights and trivial inconveniences.

103 Comments on "Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment Against Compass Group USA"


  1. An impressive share! I have just forwarded this onto a co-worker who had been doing a little research on this. Dave Kernagis


  2. There’s noticeably a bundle to learn about this. I assume you made certain nice points in features also.


  4. For the reason that the admin of this website is working, no question very soon it will be well-known, due to its feature contents. Kenny Gulini


  5. Attractive section of content. I just stumbled upon your blog and in accession capital to assert that I acquire in fact enjoyed account your blog posts. Any way I’ll be subscribing to your augment and even I achievement you access consistently rapidly.


  6. I was very pleased to uncover this great site. I need to to thank you for ones time for this fantastic read!! I definitely appreciated every bit of it and I have you bookmarked to look at new information on your blog.


  9. Thank you a lot for sharing this with all of us you actually understand what you’re talking about! Bookmarked. Kindly also seek advice from my website =). We could have a hyperlink exchange agreement among us!


  10. Hi, Neat post. There’s a problem with your web site in internet explorer, would check this? IE still is the market leader and a huge portion of people will miss your fantastic writing because of this problem.


  12. whoah this weblog is wonderful i love studying your articles. Keep up the good paintings! You know, a lot of people are searching round for this information, you could aid them greatly.


  13. I think the admin of this web page is genuinely working hard for his site, for the reason that here every information is quality based information. Al Mockler


  16. Thanks for posting. I really enjoyed reading it, especially because it addressed my problem. It helped me a lot and I hope it will help others too.


  21. Thanks for posting. I really enjoyed reading it, especially because it addressed my problem. It helped me a lot and I hope it will help others too.


  23. If you desire to grow your knowledge only keep visiting this website and be updated with the newest information posted here. Ethan Irons


  34. Thanks for your write-up. I also think that laptop computers have become more and more popular these days, and now tend to be the only kind of computer used in a household. Simply because at the same time they are becoming more and more very affordable, their working power is growing to the point where they may be as strong as desktop computers coming from just a few years back.


  41. This web site is really a stroll-via for the entire information you wanted about this and didn’t know who to ask. Glimpse right here, and you’ll definitely discover it.


  43. I would also like to convey that most of those that find themselves with no health insurance are generally students, self-employed and those that are jobless. More than half from the uninsured are under the age of Thirty-five. They do not experience they are looking for health insurance as they are young along with healthy. Their own income is usually spent on housing, food, plus entertainment. Some people that do represent the working class either full or not professional are not presented insurance by way of their work so they move without due to rising cost of health insurance in the usa. Thanks for the ideas you discuss through this web site.


  44. I would also like to add that if you do not now have an insurance policy or perhaps you do not form part of any group insurance, you will well make use of seeking the assistance of a health agent. Self-employed or those with medical conditions normally seek the help of an health insurance broker. Thanks for your writing.


  45. Thanks for your posting. One other thing is that if you are disposing your property on your own, one of the issues you need to be mindful of upfront is when to deal with household inspection records. As a FSBO seller, the key about successfully switching your property and saving money on real estate agent revenue is information. The more you realize, the smoother your sales effort might be. One area where this is particularly essential is home inspections.


  51. He sounds like a doctor most would give their first born for! You are truly blessed to have him on your side. Thanks for sharing with us Joanna. Mose Lalli


  54. I like looking through an article that will make men and women think. Also, many thanks for allowing me to comment. Norris Guiberteau


  56. There could be a thousand ways to ruin tweens day. These are clever ideas. I was laughing out loud while reading. Ramon Mclure


  58. My family all the time say that I am killing my time here at web, however I know I am getting familiarity every day by reading thes good posts. Kim Farman


  71. You made some respectable points there. seemed on the web for the ssue and found most people l sex go together th along th your webste. Dominic Zodrow


  75. Hello. This article was really motivating, particularly since I was searching for thoughts on this issue last Tuesday. Fausto Brody


  82. Your article has proven useful to me. I have been looking everywhere for this! Thanks for writing this. Some nice points there. Brian Baswell


  86. Howdy! I just want to give you a huge thumbs up for your excellent info you have got here on this post. I am returning to your blog for more soon. Darell Schmidtka


  90. It is actually a nice and useful piece of information. I am satisfied that you shared this helpful information with us. Jeramy Beiser


  91. Some really nice and useful information on this internet site, too I think the pattern has wonderful features. Corey Beazer


  97. Sick! Just received a brand-new Pearl and I can now read your blog on my phone as browser, it didn at perform on my old one. Shayne Anecelle


  99. Great article! We will be linking to this particularly great post on our site. Keep up the great writing. Irwin Andradez


  102. I have read so many articles on the topic of the blogger lovers however this post is actually a good piece of writing, keep it up. Leon Morais

Leave a Reply