Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

BRIGGS v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION

November 12, 2002

CECELIA BRIGGS, PLAINTIFF,
V.
NEW YORK STATE DEPARTMENT OF TRANSPORTATION, STATE OF NEW YORK, MARK BONACCI, INDIVIDUALLY AND AS AN EMPLOYEE OF THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION, JOSEPH CAMASTRA, INDIVIDUALLY AND AS A SIGN SUPERVISOR FOR THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION, JOHN COLLINS, INDIVIDUALLY AND AS THE SITE SUPERVISOR FOR THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION AND CHARLES LAMENDOLA, INDIVIDUALLY AND AS ADMINISTRATOR OFFICER OF THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION, DEFENDANTS.



The opinion of the court was delivered by: David N. Hurd, United States District Judge

    MEMORANDUM-DECISION and ORDER

I. INTRODUCTION

On November 28, 200l, plaintiff Cecilia Briggs commenced the instant action against defendants alleging violations of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et. seq. ("Title VII"), Title I of the Americans With Disabilities Act, 42 U.S.C. § 12401, et. seq. ("ADA"), and the New York State Human Rights Law, N.Y. Exec. Law § 296 ("HRL). Instead of filing an answer, defendants move to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) on the grounds that individuals are not liable under Title VII or the ADA, plaintiff's claims under the HRL and ADA are barred by the Eleventh Amendment, and her Complaint otherwise fails to state a claim under Title VII, the ADA or the HRL. Plaintiff opposes arguing that her claims are timely under the continuing violation exception and that the Complaint is otherwise sufficient to state claims under Title VII, the ADA and the HRL.

Oral argument was heard on August 23, 2002, in Albany, New York. Decision was reserved.

II. FACTS

Plaintiff began working for the New York State Department of Transportation ("NYSDOT") in 1994 in the position of Highway Maintenance Worker I. (Comp. at ¶¶ 8, 9.) The Complaint alleges that plaintiff was subjected to the following incidents during her term of employment:

a. In or about 1998, a co-worker, Robert Tucker, kissed her;

b. In or about 1999, a co-worker, Rich Yearby, called her a cunt;

c. Commencing in January 2000 and continuing on various dates thereafter, one of her supervisors, Joseph Camastra ("Camastra"), began following her around telling her that he loved her;

d. On several occasions during 2000, Camastra exposed his genitals to her;

e. Commencing in the year 2000 and continuing on various dates thereafter, a co-employee, Mark Bonacci ("Bonacci"), spread rumors that he was having an affair with plaintiff and that she performed oral sex on him;
f. In or about August 2000, Bonacci pointed to his genital area and asked her to rub cream on his genitals;
g. In or about the fall of 1999, Bonacci told her to get up on the table on all fours and show her butt;
h. Since 2000, various NYSDOT employees, including her supervisors, made derogatory comments to her, including calling her a screw up and mental case;

i. Since 2000, she has been written up for missing work;

j. In or about August 2000, the NYSDOT pulled her driving certification;

k. Beginning in or about 2000, she was written up for using her sick time, while similarly situated male employees were not written up;

l. Co-employees smashed the windows in her van; and

m. The NYSDOT required her to retake the driving test, while similarly situated males were only required to undergo classroom training.
(Id. at ¶ 11.) The complaint further alleges that "on repeated occasions, Plaintiff complained to Defendant's management about the . . . conduct to which she was subjected but Defendant management failed and/or refused to effectively investigate the alleged conduct or take any effective steps to stop the harassment to which Plaintiff was subjected." (Id. at ¶ 13.) As of November 2000, plaintiff "could no longer perform her job duties due to severe psychiatric conditions." (Id. at ¶ 8).

On March 26, 2001, plaintiff filed a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") alleging discrimination on account of her gender and disability and further alleging that she was retaliated against for complaining about sexual harassment. The EEOC complaint states, in part, that

I am a qualified individual covered under the provisions of the Americans with Disabilities Act. . . . Beginning in or around January 2000, and continuing until August 2000, I was subjected to a sexually offensive and hostile work environment by a supervisor. In or around November 2000, I complained about the harassment however, Respondent failed to fully investigate my claims or take effective action.
On or about December 8, 2000, I was informed that my certification had been pulled and that I would need to re-certify. Upon information and belief male employees did not have to re-certify.
Twice in Febraury [sic] 2001, Respondent forced me to take psychiatric evaluations or face ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.