United States Second Circuit

In a sex discrimination action claiming that defendant-supervisor should have prevented the harassment of plaintiff taking place, summary judgment for defendants is affirmed in part where: 1) plaintiff was not deprived of all reasonable avenues of complaint; and 2) defendants could not be liable based on information that plaintiff requested be kept confidential but which was conveyed to a co-worker. However, the order is reversed in part where a reasonable jury could conclude that the employer defendants: 1) knew, or in the exercise of reasonable care, should have known, of the harassment directed at plaintiff; and 2) failed to take appropriate remedial action.

Appellate Information

• Decided 12/04/2009
• Published 12/04/2009

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before:  LEVAL, CABRANES, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Mathew Paulose, Jr., Koehler & Isaacs LLP, New York, NY, for Plaintiff-Appellant., Anjana Samant, Outten & Golden LLP, New York, N.Y. (Stefano G. Moscato, National Employment Lawyers Association, San Francisco, CA, on the brief), for Amicus Curiae National Employment Lawyers Association in support of Plaintiff-Appellant.


• For Appellees:
  
• Patrick J. Walsh, Assistant Solicitor General (Andrew M. Cuomo, Attorney General of the State of New York, on the brief, Barbara D. Underwood, Solicitor General, Peter Karanjia, Special Counsel to the Solicitor General, of counsel), Office of the Attorney General for the State of New York, New York, NY, for Defendants-Appellees.