`
`UNITED STATES DISTRICT COURT
` FOR THE SOUTHERN DISTRICT OF NEW YORK
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`____________________________________
`
`
`
`
`
`
`)
`KRISTIN LEVY,
`
` )
`
`
`
`
`
`
`)
`
`
`
`Plaintiff
` )
`
`
`
`
`
`
`)
`v.
`
`
`
`) Docket No:_______________
`)
` ) JURY TRIAL
`) DEMANDED
`)
`
`NYC HEALTH + HOSPITALS AND
`MEDICAL STAFFING SERVICES, INC. )
` )
`
`)
`
`
`
`
`
`
`)
`Defendants
`
`
`
`____________________________________)
`
`
`
`
`COMPLAINT AND JURY DEMAND
`
`PARTIES
`
`1.
`
`The plaintiff, Kristin Levy (“Ms. Levy” or “Plaintiff”), is a female resident of the
`
`State of New York residing at 3239 Seymour Avenue, Bronx, NY 10469.
`
`2.
`
`Defendant NYC Health + Hospitals (the “Hospital”) is a public benefit
`
`corporation created by the New York State Legislature to operate New York City’s municipal
`
`hospitals.
`
`3.
`
`Defendant Medical Staffing Services, Inc. (“Medical Staffing”) is a foreign
`
`corporation with its principal office located at 25 Kennedy Blvd., Suite 200, East Brunswick, NJ
`
`08816.
`
`
`
`
`
`Case 1:21-cv-09142 Document 1 Filed 11/04/21 Page 2 of 21
`
`JURISDICTION AND VENUE
`
`4.
`
`The court has subject matter jurisdiction under 28 U.S.C. § 1331 because the
`
`Plaintiff has brought federal claims, including claims under Title VII, 42 U.S.C. § 2000e-2, et al.
`
`and 42 U.S. Code § 1981 (“1981”). The court may exercise supplemental jurisdiction over Ms.
`
`Levy’s state and city law claims. 28 U.S.C. § 1367.
`
`5.
`
`Venue is appropriate in the United States District Court for the Southern District
`
`of New York, as the Plaintiff is, and at all relevant times was, a resident of the borough of the
`
`Bronx within New York City, which is within the Southern District of New York.
`
`6.
`
`This court has personal jurisdiction over the Hospital because it is a resident of
`
`New York, including because it is incorporated in New York and its principal place of business
`
`is in New York at 125 Worth St., New York, NY 10013. Additionally, the Hospital engaged in
`
`and transacted business in the State of New York, including by managing and/or operating a
`
`business in the State of New York and/or by employing Ms. Levy in the State of New York, and
`
`Ms. Levy’s causes of action stem largely from the Hospital’s business transactions within the
`
`State of New York. Indeed, Ms. Levy was employed by the Hospital in New York, Ms. Levy
`
`worked in the State of New York, and Ms. Levy was managed and terminated by the Hospital in
`
`the State of New York.
`
`7.
`
`The court has personal jurisdiction over Medical Staffing because it engaged in
`
`and transacted business in the State of New York, including by managing and/or operating a
`
`business in the State of New York and/or by employing Ms. Levy in the State of New York, and
`
`Ms. Levy’s causes of action stem largely from Medical Staffing’s business transactions within
`
`the State of New York. Indeed, Ms. Levy was employed by Medical Staffing in New York, Ms.
`
`Levy worked in the State of New York, and Ms. Levy was managed and terminated by Medical
`
`
`
`Case 1:21-cv-09142 Document 1 Filed 11/04/21 Page 3 of 21
`
`Staffing in the State of New York. Additionally, Medical Staffing is registered in the State of
`
`New York as a foreign corporation doing business in the state.
`
`STATEMENT OF FACTS
`
`8.
`
`Ms. Levy is an African American woman with dark skin color (darker than the
`
`skin color of many other African American individuals).
`
`9.
`
`On or around April 28, 2020, Ms. Levy was hired by the Hospital and Medical
`
`Staffing (individually and collectively, the “Company”) as a mortuary technician based in the
`
`borough of Queens within New York City.
`
`10. Ms. Levy worked at the Hospital at the Queens Hospital location (located at 82-
`
`68, 164th Street, Queens, NY). The Hospital and Medical Staffing (both collectively and each
`
`individually) exercised control over the day-to-day aspects of Ms. Levy’s job. For example,
`
`employees of both entities (the Hospital and Medical Staffing) had supervisory capacities over
`
`Ms. Levy and/or had the ability to direct, discipline, and provide work assignments to Ms. Levy.
`
`11.
`
`For example, both of Ms. Levy’s supervisors, Shruti Dimri (“Dimri”) and Jennifer
`
`Coard (“Coard”), were employees of the Hospital.
`
`12.
`
`Indeed, employees from both entities dictated Ms. Levy’s job duties and/or
`
`controlled the conditions of Ms. Levy’s work on a daily basis.
`
`13.
`
`Furthermore, employees from both entities provided Ms. Levy with training,
`
`including onboarding certification sessions required for employees in the hospital facilities.
`
`14.
`
`Additionally, upon information and belief, both entities played a role in setting
`
`pay, maintaining personnel files, and making hiring and firing decisions related to Ms. Levy.
`
`15.
`
`As such, at all relevant times from April 2020 on, Ms. Levy was jointly employed
`
`by the Hospital and Medical Staffing.
`
`
`
`Case 1:21-cv-09142 Document 1 Filed 11/04/21 Page 4 of 21
`
`16.
`
`At all relevant times, the Company (including each of the Hospital and Medical
`
`Staffing, both individually and collectively) employed 15 or more employees during 20 or more
`
`weeks within the current or preceding calendar years.
`
`17.
`
`Indeed, at all relevant times, the Company (including each of the Hospital and
`
`Medical Staffing, both individually and collectively) employed 500 or more employees.
`
`18.
`
`At all relevant times, Ms. Levy was a qualified employee and her job performance
`
`was satisfactory.
`
`19.
`
`However, shortly after Ms. Levy’s hiring, her supervisor Dimri began to treat Ms.
`
`Levy in a discriminatory manner due to her race and/or color.
`
`20.
`
`Dimri was not the person who hired Ms. Levy and is a woman of South Asian
`
`(Indian) race and ancestry with skin color lighter than Ms. Levy’s.
`
`21.
`
`Importantly, Dimri was the person in charge whenever Coard was not around,
`
`which was frequently. As such, Dimri frequently served as Ms. Levy’s direct supervisor.
`
`22.
`
`On or around May 6, 2020, Ms. Levy was in the mortuary loading bodies for
`
`transport.
`
`23. While doing this task, Dimri came into the mortuary and looked at Ms. Levy and
`
`said, “Niggers need to do more calls,” referring to the speed at which Ms. Levy was loading
`
`bodies for transport.
`
`24. Ms. Levy was deeply hurt by this harassing and discriminatory comment and
`
`raised protected concerns to Dimri that the use of this racial slur was extremely discriminatory
`
`against her race and color.
`
`25.
`
`Dimri ignored Ms. Levy’s protected concerns and told her to keep working.
`
`
`
`Case 1:21-cv-09142 Document 1 Filed 11/04/21 Page 5 of 21
`
`26.
`
`During the week, Dimri would repeatedly call Ms. Levy “nigger” instead of using
`
`her actual name.
`
`27.
`
`Additionally, Dimri would frequently refer to other African American and/or
`
`black employees as “niggers.”
`
`28. Ms. Levy continued to raise protected concerns to Dimri that these overtly
`
`discriminatory comments upset her but was repeatedly ignored.
`
`29.
`
`The next week, Dimri began to reprimand Ms. Levy for the slightest of alleged
`
`infractions, including coming back to work five minutes after she was allegedly supposed to
`
`come back from a lunch break.
`
`30.
`
`Dimri did not reprimand non-African American and/or non-black employees for
`
`the same conduct. Indeed, she permitted non-African American employees such as Melissa (last
`
`name unknown, “Melissa”) to come back exceedingly late from lunch or to not come in for her
`
`shift at all.
`
`31. Melissa is a woman of South Asian (Indian) race and ancestry with skin color
`
`lighter than that of Ms. Levy.
`
`32.
`
`On or around May 15, 2020, shocked by these overtly discriminatory comments
`
`and discriminatory disparate treatment, and frustrated that the protected concerns Ms. Levy had
`
`already raised to Dimri were not being listened to, Ms. Levy contacted Dimri’s supervisor,
`
`Coard.
`
`33. Ms. Levy raised protected concerns to Coard that Dimri had been repeatedly
`
`calling her “nigger” instead of using Ms. Levy’s actual name and had referred to the other few
`
`African Americans in the Company’s location as “niggers” as well.
`
`34.
`
`Coard ignored Ms. Levy’s protected concerns and called her a liar.
`
`
`
`Case 1:21-cv-09142 Document 1 Filed 11/04/21 Page 6 of 21
`
`35.
`
`Shocked that Coard was not taking her protected concerns seriously, Ms. Levy
`
`raised protected concerns to Coard that she (Coard) was treating her (Ms. Levy) differently due
`
`to her race and color.
`
`36.
`
`Coard ignored Ms. Levy’s protected concerns.
`
`37.
`
`On or around May 20, 2020, while Ms. Levy was waiting for a funeral director to
`
`bring a body to the mortuary, Ms. Levy was looking at a whiteboard giving the performance
`
`numbers for each of the employees at the Company’s location.
`
`38.
`
` Written on the whiteboard was the statement, “Good job transport,” for the great
`
`numbers that transport had put up the following week.
`
`39. When Dimri passed the board, she looked at the comment and stated that she
`
`should write a quote on the board stating, “Niggers need to mind their own business,” while
`
`looking at Ms. Levy.
`
`40.
`
`Shocked, Ms. Levy again raised protected concerns to Coard that Dimri had been
`
`repeatedly calling her “nigger” instead of using her (Ms. Levy’s) actual name and reiterated that
`
`Dimri had referred to the other few African Americans employees in the Company’s location as
`
`“niggers” as well.
`
`41.
`
`Coard stated that she would look into Ms. Levy’s protected concerns and
`
`instructed Ms. Levy to write a statement describing the discriminatory incidents that had taken
`
`place with Dimri.
`
`42. Ms. Levy wrote a statement for Coard and emailed it to her that day. Ms. Levy
`
`then had a meeting with Coard to discuss the specifics of Ms. Levy’s statement.
`
`43.
`
`The next day, on or around May 21, 2020, Coard called Ms. Levy into her office.
`
`
`
`Case 1:21-cv-09142 Document 1 Filed 11/04/21 Page 7 of 21
`
`44.
`
`Instead of addressing the statement Ms. Levy had submitted as part of her
`
`discrimination and harassment complaints or addressing any of the protected concerns Ms. Levy
`
`had raised about the discriminatory actions of Dimri towards Ms. Levy’s race and color, Coard
`
`stated that Ms. Levy was terminated.
`
`45.
`
`46.
`
`Coard did not state a reason for the termination.
`
`Shocked, Ms. Levy raised protected concerns to Coard that this termination was
`
`clearly due to her race and also in retaliation for raising protected concerns, as this termination
`
`was occurring quickly after she (Ms. Levy) raised protected concerns to Coard one day earlier
`
`about the harassing and discriminatory actions of Dimri towards her (Ms. Levy) related to her
`
`race and color.
`
`47.
`
`Coard ignored Ms. Levy’s protected concerns and re-stated that Ms. Levy was
`
`terminated.
`
`48.
`
`Therefore, Ms. Levy was involuntarily terminated from the Company on May 21,
`
`2020.
`
`49.
`
`Upon information and belief, Ms. Levy was replaced by a non-African American
`
`individual with lighter skin color than Ms. Levy.
`
`50.
`
`On March 9, 2021, Ms. Levy timely filed a Charge of Discrimination with the
`
`New York City Commission on Human Rights (“NYCCHR”) and cross-filed this charge with
`
`the United States Equal Employment Opportunity Commission (“EEOC”).
`
`51.
`
`On September 14, 2021, the NYCCHR granted Ms. Levy an administrative
`
`closure.
`
`52.
`
`On October 25, 2021, the EEOC issued Ms. Levy a Right to Sue letter.
`
`53.
`
`This lawsuit is timely filed.
`
`
`
`Case 1:21-cv-09142 Document 1 Filed 11/04/21 Page 8 of 21
`
`COUNT I
`
`(Race and Color Discrimination in Violation of Title VII, 42 U.S.C. §§2000e, et seq.)
`
`Plaintiff v. All Defendants (the Hospital and Medical Staffing)
`
`54.
`
`The Plaintiff incorporates all paragraphs above and below as if set forth fully
`
`herein.
`
`55.
`
`During all relevant periods, the Company (including the Hospital and Medical
`
`Staffing both individually and collectively) was an employer under Title VII, 42 U.S.C. §§2000e,
`
`et seq. (hereinafter, “Title VII”) because it was a person engaged in an industry affecting
`
`commerce and had fifteen or more employees for each working day in each of twenty or more
`
`calendar weeks during the relevant calendar years.
`
`56.
`
`The Company (including the Hospital and Medical Staffing both individually and
`
`collectively), by and through its agents, harassed and discriminated against Ms. Levy with
`
`respect to her compensation, terms, conditions, or privileges of employment, because of Ms.
`
`Levy’s race (African American) and/or color (black).
`
`57. More specifically, by way of illustration, the Company subjected Ms. Levy to a
`
`pattern of harassment including, but not limited to, by allowing employees, including her
`
`supervisor Dimri, to subject Ms. Levy to harassing comments, including calling her a “nigger”
`
`on multiple occasions.
`
`58. Ms. Levy was further subjected to adverse actions, including, but not limited to, a
`
`harassing and hostile work environment, unwarranted reprimands, and the termination of her
`
`employment, in a discriminatory manner because of her race and/or color.
`
`59.
`
`The Company acted with malice and/or with reckless indifference to the federally
`
`protected rights of Ms. Levy.
`
`
`
`Case 1:21-cv-09142 Document 1 Filed 11/04/21 Page 9 of 21
`
`60.
`
`As a direct and proximate result of the Company’s violations of Title VII, Ms.
`
`Levy has suffered and continues to suffer damages, including, but not limited to, lost
`
`compensation and benefits, other monetary harms, reduced earning capacity, pain and suffering,
`
`loss of enjoyment of life, and emotional damages.
`
`61. Ms. Levy seeks all damages to which she is entitled, including, but not limited to,
`
`lost compensation and benefits (including, but not limited to, back pay and front pay),
`
`diminished earning capacity, injury to reputation, other monetary damages, compensatory
`
`damages (including, but not limited to, future pecuniary losses, emotional pain, suffering,
`
`inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses),
`
`punitive damages, attorneys’ fees, interest, and costs.
`
`COUNT II
`
`(Race and Color Discrimination in Violation of 42 U.S.C. § 1981, et seq.)
`
`Plaintiff v. All Defendants (the Hospital and Medical Staffing)
`
`The Plaintiff herein incorporates all paragraphs above and below as if set forth
`
`62.
`
`fully herein.
`
`63.
`
`During all relevant periods, the Company (including the Hospital and Medical
`
`Staffing both individually and collectively) were persons under the meaning of 42 U.S.C. § 1981,
`
`et seq. (hereinafter, “Section 1981”).
`
`64.
`
`The Company (including the Hospital and Medical Staffing both individually and
`
`collectively) harassed and discriminated against Ms. Levy with respect to her compensation,
`
`terms, conditions, or privileges of employment, because of Ms. Levy’s race (African American)
`
`and/or color (black).
`
`
`
`Case 1:21-cv-09142 Document 1 Filed 11/04/21 Page 10 of 21
`
`65. More specifically, by way of illustration, the Company subjected Ms. Levy to a
`
`pattern of harassment including, but not limited to, by allowing employees, including her
`
`supervisor Dimri, to subject Ms. Levy to harassing comments, including calling her a “nigger”
`
`on multiple occasions.
`
`66. Ms. Levy was further subjected to adverse actions, including, but not limited to, a
`
`harassing and hostile work environment, unwarranted reprimands, and the termination of her
`
`employment, in a discriminatory manner because of her race and/or color.
`
`67.
`
`Defendants acted with malice and/or with reckless indifference to the federally
`
`protected rights of Ms. Levy.
`
`68.
`
`As a direct and proximate result of the Defendants’ violations of Section 1981,
`
`Ms. Levy has suffered and continues to suffer damages, including, but not limited to, lost
`
`compensation and benefits, reduced earning capacity, pain and suffering, loss of enjoyment of
`
`life, and emotional damages.
`
`69. Ms. Levy seeks all damages to which she is entitled, including, but not limited to,
`
`lost compensation and benefits (including, but not limited to, back pay and front pay),
`
`diminished earning capacity, injury to reputation, other monetary damages, compensatory
`
`damages (including, but not limited to, future pecuniary losses and other nonpecuniary losses),
`
`punitive damages, attorneys’ fees, interest, and costs.
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case 1:21-cv-09142 Document 1 Filed 11/04/21 Page 11 of 21
`
`COUNT III
`
`(Race and Color Discrimination in Violation under New York State Human Rights Law,
`
`Executive Article 15, Section 296))
`
`Plaintiff v. All Defendants (the Hospital and Medical Staffing)
`
`70.
`
`The Plaintiff incorporates all paragraphs above and below as if set forth fully
`
`herein.
`
`71.
`
`The Company (including the Hospital and Medical Staffing both individually and
`
`collectively) is an employer under the New York State Human Rights Law (NYSHRL) because
`
`it (including each of the Hospital and Medical Staffing) employs four or more persons.
`
`72. Ms. Levy is African American in terms of her race and black in terms of her skin
`
`color.
`
`73.
`
`The Company (including the Hospital and Medical Staffing both individually and
`
`collectively) harassed and discriminated against Ms. Levy with respect to her compensation,
`
`terms, conditions, or privileges of employment, because of Ms. Levy’s race (African American)
`
`and/or color (black).
`
`74. More specifically, by way of illustration, the Company subjected Ms. Levy to a
`
`pattern of harassment including, but not limited to, by allowing employees, including her
`
`supervisor Dimri, to subject Ms. Levy to harassing comments, including calling her a “nigger”
`
`on multiple occasions.
`
`75. Ms. Levy was further subjected to adverse actions, including, but not limited to, a
`
`hostile work environment, unwarranted reprimands, and the termination of her employment, in a
`
`discriminatory manner because of her race and/or color.
`
`76.
`
`The Defendants’ actions were wanton, malicious, and/or oppressive.
`
`
`
`Case 1:21-cv-09142 Document 1 Filed 11/04/21 Page 12 of 21
`
`77.
`
`The Defendants acted willfully and/or with reckless disregard to the state
`
`protected rights of Ms. Levy.
`
`78.
`
`As a direct and proximate result of the Defendants’ violation of the NYSHRL,
`
`Ms. Levy has suffered and continues to suffer damages, including, but not limited to, lost
`
`compensation and benefits, other monetary harms, reduced earning capacity, pain and suffering,
`
`loss of enjoyment of life, and emotional damages.
`
`79. Ms. Levy seeks all damages to which she is entitled, including, but not limited to,
`
`lost compensation and benefits (including, but not limited to, back pay and front pay),
`
`diminished earning capacity, injury to reputation, other monetary damages, compensatory
`
`damages (including, but not limited to, future pecuniary losses and other nonpecuniary losses),
`
`damages for emotional distress (including, but not limited to, damages for emotional pain,
`
`suffering, inconvenience, mental anguish, and loss of enjoyment of life), punitive damages,
`
`attorneys’ fees, interest, and costs.
`
`COUNT IV
`
`(Race and Color Discrimination under New York City Human Rights Law, Title 8 of the
`
`Administrative Code of the City of New York)
`
`Plaintiff v. All Defendants (the Hospital and Medical Staffing)
`
`80.
`
` The Plaintiff incorporates all paragraphs above and below as if set forth fully
`
`herein.
`
`81.
`
`The Company (including the Hospital and Medical Staffing both individually and
`
`collectively) was an employer under the New York City Human Rights Law (“NYCHRL”)
`
`because, at all relevant times, it employed four or more employees.
`
`
`
`Case 1:21-cv-09142 Document 1 Filed 11/04/21 Page 13 of 21
`
`82. Ms. Levy is African American in terms of her race and black in terms of her
`
`color.
`
`83.
`
`The Company (including the Hospital and Medical Staffing both individually and
`
`collectively) harassed and discriminated against Ms. Levy with respect to her compensation,
`
`terms, conditions, or privileges of employment, because of Ms. Levy’s race (African American)
`
`and/or color (black).
`
`84. More specifically, by way of illustration, the Company subjected Ms. Levy to a
`
`pattern of harassment including, but not limited to, by allowing employees, including her
`
`supervisor Dimri, to subject Ms. Levy to harassing comments, including calling her a “nigger”
`
`on multiple occasions.
`
`85. Ms. Levy was further subjected to adverse actions, including, but not limited to, a
`
`hostile work environment, unwarranted reprimands, and the termination of her employment, in a
`
`discriminatory manner because of her race and/or color.
`
`86.
`
`87.
`
`The Defendants’ actions were wanton, malicious, and/or oppressive.
`
`The Defendants acted willfully and/or with reckless disregard to the city protected
`
`rights of Ms. Levy.
`
`88.
`
`As a direct and proximate result of the Defendants’ violation of the NYCHRL,
`
`Ms. Levy has suffered and continues to suffer damages, including, but not limited to, lost
`
`compensation and benefits, other monetary harms, reduced earning capacity, pain and suffering,
`
`loss of enjoyment of life, and emotional damages.
`
`89. Ms. Levy seeks all damages to which she is entitled, including, but not limited to,
`
`lost compensation and benefits (including, but not limited to, back pay and front pay),
`
`diminished earning capacity, injury to reputation, other monetary damages, compensatory
`
`
`
`Case 1:21-cv-09142 Document 1 Filed 11/04/21 Page 14 of 21
`
`damages (including, but not limited to, future pecuniary losses and other nonpecuniary losses),
`
`damages for emotional distress (including, but not limited to, damages for emotional pain,
`
`suffering, inconvenience, mental anguish, and loss of enjoyment of life), punitive damages,
`
`attorneys’ fees, interest, and costs.
`
`COUNT V
`
`(Retaliation in Violation of Title VII, 42 U.S.C. §§2000e, et seq.)
`
`Plaintiff v. All Defendants (the Hospital and Medical Staffing)
`
`90.
`
`The Plaintiff incorporates all paragraphs above and below as if set forth fully
`
`herein.
`
`91.
`
`During all relevant periods, the Company (including the Hospital and Medical
`
`Staffing both individually and collectively) was an employer under Title VII because it was a
`
`person engaged in an industry affecting commerce and had fifteen or more employees for each
`
`working day in each of twenty or more calendar weeks during the relevant calendar years.
`
`92. Ms. Levy engaged in protected activity under Title VII, including, but not limited
`
`to, by expressing protected concerns regarding, and otherwise opposing, the harassment and
`
`discrimination she and others were being subjected to, based on the race and color of herself and
`
`others.
`
`93.
`
`The Company discriminated against and/or retaliated against Ms. Levy for
`
`engaging in activity protected under Title VII, including, but not limited to, by expressing
`
`concerns regarding, and otherwise opposing, the harassment and discrimination both she herself
`
`and others were subjected to, based on the race and color of she herself and others.
`
`
`
`Case 1:21-cv-09142 Document 1 Filed 11/04/21 Page 15 of 21
`
`94.
`
`The Defendants unlawfully coerced, intimidated, threatened and/or interfered with
`
`Ms. Levy’s exercising of or enjoyment of rights granted by the Title VII.
`
`95. More specifically, the Defendants discriminated and/or retaliated against Ms.
`
`Levy for engaging in activity protected under Title VII, including, but not limited to, by allowing
`
`employees, including her supervisor Dimri, to subject Ms. Levy to harassing comments,
`
`including calling her a “nigger” on multiple occasions.
`
`96. Ms. Levy was further subjected to adverse actions, including, but not limited to, a
`
`hostile work environment, unwarranted reprimands, and the termination of her employment, in a
`
`in a retaliatory manner for engaging in activity protected under Title VII.
`
`97.
`
`The Defendants acted with malice and/or with reckless indifference to the
`
`federally protected rights of Ms. Levy.
`
`98.
`
`As a direct and proximate result of the Defendants’ violations of Title VII, Ms.
`
`Levy has suffered and continues to suffer damages, including, but not limited to, lost
`
`compensation and benefits, reduced earning capacity, pain and suffering, loss of enjoyment of
`
`life, and emotional damages.
`
`99.
`
`The Plaintiff seeks all damages to which she is entitled, including, but not limited
`
`to, lost compensation and benefits (including, but not limited to, back pay and front pay),
`
`diminished earning capacity, injury to reputation, other monetary damages, compensatory
`
`damages (including, but not limited to, future pecuniary losses and other nonpecuniary losses),
`
`punitive damages, attorneys’ fees, interest, and costs.
`
`
`
`
`
`
`
`
`
`Case 1:21-cv-09142 Document 1 Filed 11/04/21 Page 16 of 21
`
`COUNT VI
`
`(Retaliation in Violation of 42 U.S.C. § 1981, et seq.)
`
`Plaintiff v. All Defendants (the Hospital and Medical Staffing)
`
`100. The Plaintiff herein incorporates all paragraphs above and below as if set forth
`
`fully herein.
`
`101. During all relevant periods, the Company (including the Hospital and Medical
`
`Staffing both individually and collectively) were persons under the meaning of Section 1981.
`
`102. Ms. Levy engaged in protected activity under Section 1981, including, but not
`
`limited to, by expressing concerns regarding, and otherwise opposing, the harassment and
`
`discrimination herself and others were subjected to, based on the race and color of herself and
`
`others.
`
`103. The Defendants unlawfully coerced, intimidated, threatened and/or interfered with
`
`Ms. Levy’s exercising of or enjoyment of rights granted by the Section 1981.
`
`104. More specifically, the Defendants discriminated and/or retaliated against Ms.
`
`Levy for engaging in activity protected under the Section 1981, including, but not limited to, by
`
`allowing employees, including her supervisor Dimri, to subject Ms. Levy to harassing comments,
`
`including calling her a “nigger” on multiple occasions.
`
`105. Ms. Levy was further subjected to adverse actions, including, but not limited to, a
`
`hostile work environment, unwarranted reprimands, and the termination of her employment, in a
`
`in a retaliatory manner for engaging in protected activity under Section 1981.
`
`106. The Defendants acted with malice and/or with reckless indifference to the
`
`federally protected rights of Ms. Levy.
`
`107. As a direct and proximate result of the Defendants’ violations of Section 1981,
`
`Ms. Levy has suffered and continues to suffer damages, including, but not limited to, lost
`
`
`
`Case 1:21-cv-09142 Document 1 Filed 11/04/21 Page 17 of 21
`
`compensation and benefits, reduced earning capacity, pain and suffering, loss of enjoyment of
`
`life, and emotional damages.
`
`108. The Plaintiff seeks all damages to which she is entitled, including, but not limited
`
`to, lost compensation and benefits (including, but not limited to, back pay and front pay),
`
`diminished earning capacity, injury to reputation, other monetary damages, compensatory
`
`damages (including, but not limited to, future pecuniary losses and other nonpecuniary losses),
`
`punitive damages, attorneys’ fees, interest, and costs.
`
`COUNT VII
`
`(Retaliation for Engaging in Protected Activity in Violation of New York State Human
`
`Rights Law, Executive Article 15, Section 296)
`
`Plaintiff v. All Defendants (the Hospital and Medical Staffing)
`
`109.
`
` The Plaintiff incorporates all paragraphs above and below as if set forth fully
`
`herein.
`
`110. Ms. Levy engaged in protected activity(ies) under the NYSHRL including, but
`
`not limited to, by expressing concerns regarding, and otherwise opposing, the harassment and
`
`discrimination herself and others were subjected to, based on the race and color of herself and
`
`others.
`
`111. The Defendants unlawfully coerced, intimidated, threatened and/or interfered with
`
`Ms. Levy’s exercising of or enjoyment of rights granted by the NYSHRL.
`
`112. More specifically, the Defendants discriminated and/or retaliated against Ms.
`
`Levy for engaging in activity protected under the NYSHRL, including, but not limited to, by
`
`allowing employees, including her supervisor Dimri, to subject Ms. Levy to harassing comments,
`
`including calling her a “nigger” on multiple occasions.
`
`
`
`Case 1:21-cv-09142 Document 1 Filed 11/04/21 Page 18 of 21
`
`113. Ms. Levy was further subjected to adverse actions, including, but not limited to, a
`
`hostile work environment, unwarranted reprimands, and the termination of her employment, in a
`
`in a retaliatory manner for engaging in protected activity under the NYSHRL.
`
`114. The Defendants’ actions were wanton, malicious, and/or oppressive.
`
`115. The Defendants acted willfully and/or with reckless disregard to the state
`
`protected rights of Ms. Levy.
`
`116. As a direct and proximate result of the Defendants’ violation of the NYSHRL,
`
`Ms. Levy has suffered and continues to suffer damages, including, but not limited to, lost
`
`compensation and benefits, reduced earning capacity, pain and suffering, loss of enjoyment of
`
`life, and emotional damages.
`
`117.
`
` Ms. Levy seeks all damages to which she is entitled, including, but not limited to,
`
`lost compensation and benefits (including, but not limited to, back pay and front pay),
`
`diminished earning capacity, injury to reputation, other monetary damages compensatory
`
`damages (including, but not limited to, future pecuniary losses and other nonpecuniary losses),
`
`damages for emotional distress (including, but not limited to, damages for emotional pain,
`
`suffering, inconvenience, mental anguish, and loss of enjoyment of life), punitive damages,
`
`attorneys’ fees, interest, and costs.
`
`COUNT VIII
`
`(Retaliation for Engaging in Protected Activity in Violation of New York City Human
`
`Rights Law, Title 8 of the Administrative Code of the City of New York)
`
`Plaintiff v. All Defendants (the Hospital and Medical Staffing)
`
`118.
`
` The Plaintiff incorporates all paragraphs above and below as if set forth fully
`
`herein.
`
`
`
`Case 1:21-cv-09142 Document 1 Filed 11/04/21 Page 19 of 21
`
`119. Ms. Levy engaged in protected activity(ies) under the NYCHRL, including, but
`
`not limited to, by expressing concerns regarding, and otherwise opposing, the harassment and
`
`discrimination herself and others were subjected to, based on the race and color of herself and
`
`others.
`
`120. The Defendants unlawfully coerced, intimidated, threatened and/or interfered with
`
`Ms. Levy’s exercising of or enjoyment of rights granted by the NYCHRL.
`
`121. More specifically, the Defendants discriminated and/or retaliated against Ms.
`
`Levy for engaging in activity protected under the NYCHRL, including, but not limited to, by
`
`allowing employees, including her supervisor Dimri, to subject Ms. Levy to harassing comments,
`
`including calling her a “nigger” on multiple occasions.
`
`122. Ms. Levy was further subjected to adverse actions, including, but not limited to, a
`
`hostile work environment, unwarranted reprimands, and the termination of her employment, in a
`
`in a retaliatory manner for engaging in protected activity under the NYCHRL.
`
`123. The Defendants’ actions were wanton, malicious, and/or oppressive.
`
`124. The Defendants acted willfully and/or with reckless disregard to the city protected
`
`rights of Ms. Levy.
`
`125. As a direct and proximate result of the Defendants’ violation of the NYCHRL,
`
`Ms. Levy has suffered and continues to suffer damages, including, but not limited to, lost
`
`compensation and benefits, reduced earning capacity, pain and suffering, loss of enjoyment of
`
`life, and emotional damages.
`
`126.
`
` Ms. Levy seeks all damages to which she is entitled, including, but not limited to,
`
`lost compensation and benefits (including, but not limited to, back pay and front pay),
`
`diminished earning capacity, injury to reputation, other monetary damages compensatory
`
`
`
`Case 1:21-cv-09142 Document 1 Filed 11/04/21 Page 20 of 21
`
`damages (including, but not limited to, future pecuniary losses and other nonpecuniary losses),
`
`damages for emotional distress (inclu