{"id":19,"date":"2016-05-04T08:00:57","date_gmt":"2016-05-04T08:00:57","guid":{"rendered":"https:\/\/wendypellebeer.com\/blog\/?p=19"},"modified":"2018-11-01T15:14:41","modified_gmt":"2018-11-01T15:14:41","slug":"u-s-district-court-judge-dismisses-civil-rights-action-based-on-employee-status","status":"publish","type":"post","link":"https:\/\/wendypellebeer.com\/blog\/civil-rights-litigation\/u-s-district-court-judge-dismisses-civil-rights-action-based-on-employee-status\/","title":{"rendered":"U.S. District Court Judge Dismisses Civil Rights Action based on Employee Status"},"content":{"rendered":"

Caitrin Kennedy filed a lawsuit against the New York State Assembly, the former New York State Assembly Member Dennis Gabryszak, former chief of staff Adam Locher, and former State Assembly Member and Speaker Sheldon Silver.\u00a0 The claims of a hostile work environment and sexual harassment were filed under Title VII of the Civil Rights Act of 1964 and under New York State Human Rights Law. On\u00a0March 3, 2016<\/a>, U.S. District Judge William M. Skretny dismissed the Title VII claims against the former New York Assembly Speaker by holding that Title VII actions by staff members are barred when against the elected officials they work for.\u00a0 The remaining state claims against the former Assembly Member, though, were not dismissed.<\/p>\n

The plaintiff, Ms. Kennedy, was hired as a Director of Community Relations for Mr. Gabryszak\u2019s office in September 2013.\u00a0 Ms. Kennedy remained in the office until resigning in January of 2014.\u00a0 Her immediate supervisor was Mr. Locher.\u00a0 Throughout the time Ms. Kennedy worked in the office, she alleged that Mr. Gabryszak sexually harassed her by asking her improper questions, making inappropriate comments, and giving her a gift in an inappropriate manner.\u00a0 Ms. Kennedy alleged that her complaints to Mr. Locher were not taken seriously, and that Mr. Locher replied that \u201cwas just how Dennis [Gabryszak] was.\u201d<\/p>\n

The Title VII federal action alleged that Ms. Kennedy was discriminated against because of her gender.\u00a0 Under Title VII, the U.S. District Court will not be able to hear a case if the plaintiff was a member of the \u201cpersonal staff\u201d of the defendant\u2019s.\u00a0 The parties each argued as to whether Ms. Kennedy was an \u201cemployee\u201d or not, thereby determining if she could bring a Title VII action.\u00a0 The court weighed not only language from Title VII and conference committee reports from the U.S. House and Senate, but also the facts and circumstances of Ms. Kennedy\u2019s employment.\u00a0 Some factors taken into account were the type of working relationship between the parties, official duties and descriptions, and whether the employee \u201coccupie[d] a position of trust and sensitivity.\u201d\u00a0 The Court held that Ms. Kennedy met these standards, and therefore would be considered \u201cpersonal staff\u201d to the former Assembly Member Gabryszak, and thus the Title VII action was barred.<\/p>\n

If you feel you have been discriminated against by an employer, contacting an experienced civil rights attorney can help you protect your rights.\u00a0 Contact Wendy Pelle-Beer & Associates at (718) 313-0770 for the representation you deserve.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

Caitrin Kennedy filed a lawsuit against the New York State Assembly, the former New York State Assembly Member Dennis Gabryszak, former chief of staff Adam Locher, and former State Assembly Member and Speaker Sheldon Silver. The claims of a hostile work environment and sexual harassment were filed under Title VII of the Civil Rights Act […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[23,17,24],"class_list":["post-19","post","type-post","status-publish","format-standard","hentry","category-civil-rights-litigation","tag-civil-rights-act-of-1964","tag-civil-rights-attorney","tag-employee-civil-rights","odd"],"yoast_head":"\nU.S. District Court Judge Dismisses Civil Rights Action based on Employee Status<\/title>\n<meta name=\"description\" content=\"Caitrin Kennedy filed a lawsuit against the New York State Assembly, the former New York State Assembly Member Dennis Gabryszak, former chief of staff Adam Locher, and former State Assembly Member and Speaker Sheldon Silver. 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