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HASBROUCK v. BANKAMERICA HOUSING SERVICES
July 31, 2000
JILL L. HASBROUCK, PLAINTIFF,
BANKAMERICA HOUSING SERVICES, INC. A DIVISION OF BANK OF AMERICA FSB AND PHIL TULLGREN, DEFENDANTS.
The opinion of the court was delivered by: McCURN, Senior District Judge.
MEMORANDUM-DECISION AND ORDER INTRODUCTION
Presently before the Court are defendants Bank America ("BA")
and Phil Tullgren's motions for summary judgment. Plaintiff
opposes the motions.
Plaintiff brings suit against defendants pursuant to
42 U.S.C. § 2000e et seq. (Title VII), and New York Executive Law ("HRL")
alleging sexual harassment and discrimination.*fn1 She seeks to
hold defendants liable for offensive behavior purportedly
committed by Tullgren throughout the entire time she was employed
at BA, from late 1994 through 1997, and for her discharge in
1997. The following facts are taken in the light most favorable
In October of 1994, plaintiff was hired as a remarketing
manager of repossessed trailer homes, in BA's Albany, New York
office. She was promoted in early 1995, and given the additional
duties of collection manager. In late 1995, she was again
promoted, this time to be group operations and customer service
manager. In April of 1997, she accepted a transfer to an account
executive position, basically a sales person, with an incentive
compensation plan. Plaintiff claims that this position was a
demotion, but that she took the position to physically get out of
the office and away from her supervisor, Tullgren. In June of
1997, two of plaintiff's accounts were taken away, allegedly as a
result of Tullgren's harassment.*fn3 In late June of 1997,
plaintiff was discharged, allegedly under the pretext of
corporate downsizing. She was the only account executive
discharged; she claims the male account executive retained was
less qualified, and that she was discharged for discriminatory
reasons, including rebuffing Tullgren's harassment.
For the entire time plaintiff was employed by BA, Tullgren was
her immediate supervisor. Plaintiff claims that during this two
and a half year period, Tullgren subjected her to constant and
continuous sexual harassment. This harassment is detailed in
plaintiff's affidavit in opposition and EEOC affidavit. BA and
Tullgren deny that any harassment took place, or that it was
sufficient to state a cause of action for hostile work
The alleged harassment by Tullgren consisted of the following:
a) statements that plaintiff "needed to do whatever
it takes to get the business;"
b) statements that "middle aged women do not
c) requests for plaintiff to wear "short-shorts" or
d) pressure to dress inappropriately, "dress risque"
and act "seductively" in order to obtain business;
e) a request that plaintiff work her magic and act
and dress seductively during the visit of a corporate
f) remarking to plaintiff that he was sure everyone
thought they were sleeping together;
g) his questions regarding her sex life, and
statements that it was his right to know who she was
h) a request to show him her bra; and statement that
to advance, she needed to "show more tit;"
i) informing plaintiff it turned him on when she wore
her hair up;
j) telling another female coworker that "Jill must be
a fantastic fuck;"
k) offensively touching her on a business trip,
including grabbing her and dragging her to a bar,
forcing her to dance with him after she refused,
trying to feel her breast(s) on the dance floor, and
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