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HASBROUCK v. BANKAMERICA HOUSING SERVICES

July 31, 2000

JILL L. HASBROUCK, PLAINTIFF,
V.
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.

BACKGROUND

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 to plaintiff.*fn2

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 environment.

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 understand men;"
c) requests for plaintiff to wear "short-shorts" or "sexy" clothing;
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 higher-up;
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 sleeping with;
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 throwing ...

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