Supreme Court of The State of New York Country of Kings
Index: 516793/2018 – Mark Wright v. Compass Group – PRESS RELEASE
On August 17, 2018, The Law Office of David H. Rosenberg, P.C. filed the aforementioned Kings County Supreme Court Complaint on behalf of a male employee Plaintiff (“Plaintiff”), who had alleged that he was discriminated on the basis of sex and retaliation, against Compass Group USA (“Compass Group” all together as “Defendants”), for unlawful discriminatory practices relating to employment because of sex and retaliation for opposition to said practices in violation of N.Y. Exec. Law, art. 15 (“Human Rights Law”).
On December 8, 2020, Defendants, through counsel, Littler Mendelson, P.C., the “largest labor and employment law firm in the US”, filed a summary judgment motion to dismiss the complaint arguing, inter alia, that, in the Complaint, “[N]one of the alleged interactions have anything to do with Plaintiff’s sex or gender.” Defendants further argued, “Any kind of sexual implication related to the Jamaican banana comment is pure speculation. And, finally, the alleged reference to Plaintiff’s buttocks could equally apply to both males and females. There is nothing inherently sexual about it.”
On March 10, 2021, Defendants, through counsel, orally argued, “If anything, what’s alleged here are nothing but petty slights and trivial inconveniences.” However, because of the successful efforts of The Law Office of David H. Rosenberg, P.C., the Court issued a decision that was almost entirely in Plaintiff’s favor, dismissing only the retaliation portion of Plaintiff’s case, and denying dismissal as to all discrimination claims under the New York City and State Human Rights Laws.
If you, or someone you know, is suffering at work, please contact The Law Office of David H. Rosenberg, P.C., and call (516) 741-0300 for a free and confidential case review. Problems at work are no problem for us.
You can also find this case in the New York Law Journal