Complaint - Andre v. Memorial Sloan Kettering Cancer Center
Complaint - Andre v. Memorial Sloan Kettering Cancer Center
Complaint - Andre v. Memorial Sloan Kettering Cancer Center
COMPLAINT
the Center) one of the worlds most well-respected healthcare facilities is to provide
exceptional care for its patients. Unfortunately, MSKCC showed far less compassion and
concern when one of its employees, Plaintiff Marie Andre, came to MSKCCs management and
administration regarding unlawful mistreatment and retaliation by her supervisor.
2.
egregious sexual harassment at the hands of her supervisor, MSKCC Administrative Manager
Ramondy Thermidor. This harassment included, but was by no means limited to, Ms. Thermidor
rubbing her hands across Ms. Andres breasts and backside multiple times. Ms. Thermidor also
often stared down Ms. Andres shirt and routinely remarked:
I can see your tits.
3.
Ms. Andre gathered the courage to complain about this sexual harassment to
MSKCC Human Resources (HR) Business Partner Cindi Thaw. MSKCC conducted no
investigation. Instead, Ms. Thaw arranged a meeting between herself, Ms. Andre, and Ms.
Thermidor on October 21, 2014.
4.
During the meeting, Ms. Thaw sat idly by while Ms. Thermidor bombarded Ms.
Andre with insults, including calling Ms. Andre right in front of HR a slut.
5.
This meeting was later referred to by MSKCC as a counseling session for Ms.
Andre, despite the fact that it was called because she had complained of unlawful discrimination.
6.
Over the next three months, Ms. Andre was subjected to a blatant campaign of
unlawful retaliation.
7.
On the morning of December 3, 2014, Ms. Andre informed Ms. Thermidor that
she was pregnant. In response, Ms. Thermidor stated, in sum and substance,
Does that mean you will need to take maternity
leave? Dont worry, you wont be here that long
anyway.
8.
Later that day, Ms. Andre was given her annual performance review. She
received a rating of 2.4, much worse than the rating of 3.7 she had received the year before.
Also on that same day, Ms. Andre was given a written warning based on totally fabricated
performance deficiencies. The absurdity of the write-up is illustrated best by the following
passage:
Marie needs to improve on her communication
skills and style. She needs to take the take the
[sic] time to check her work for spelling and
grammatical errors.
(emphasis added).
9.
Two months later, Ms. Andre was fired based on the bogus performance issues
raised in the December 3, 2014 write-up, which was a transparent pretext for retaliation against
her based upon her complains regarding Ms. Thermidor.
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monetary damages, to seek redress against Defendants for unlawful sexual harassment and
retaliation committed against her by Defendants, in violation of: (i) Title VII of the Civil Rights
Act of 1964, 42 U.S.C. 2000e et seq. (Title VII); (ii) Title VII as amended by the Pregnancy
Discrimination Act of 1974 (PDA); (iii) the New York State Human Rights Law, New York
Executive Law 290 et seq. (NYSHRL); and the New York City Human Rights Law, New
York Administrative Code 8-101 et seq. (NYCHRL).
JURISDICTION AND VENUE
11.
The Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
1331 and 1343 as this action involves federal questions regarding the deprivation of Plaintiffs
rights under federal law. This Court has supplemental subject matter jurisdiction over Plaintiffs
related state and local law claims pursuant to 28 U.S.C. 1367(a).
12.
substantial part of the events or omissions giving rise to this action, including the unlawful
employment practices alleged herein, occurred in this district.
ADMINISTRATIVE PROCEDURES
13.
Employment Opportunity Commission (EEOC). This discrimination charge arose out of the
same facts alleged herein. On May 18, 2015, Plaintiff received a Notice of Right to Sue from the
EEOC. This action was filed within 90 days of receipt of Plaintiffs EEOC Notice of Right to
Sue.
14.
Pursuant to NYCHRL 8-502, Plaintiff will serve a copy of this Complaint upon
the New York City Commission on Human Rights and the New York City Law Department,
Office of the Corporation Counsel within ten days of its filing, thereby satisfying the notice
requirements of this action.
15.
Plaintiff has complied with any and all other prerequisites to filing this action.
PARTIES
16.
Plaintiff Marie Andre resides in Nassau County, State of New York. Plaintiff was
formerly employed by Defendant MSKCC as a Medical Secretary from in or about June 2011 to
February 2015, when Defendants unlawfully terminated her employment. At all relevant times,
Plaintiff met the definition of an employee under all applicable statutes.
17.
business in New York County, New York, duly organized and existing under and by virtue of the
laws of the State of New York. At all relevant times, Defendant MSKCC has met the definition
of an employer and a covered entity under all applicable statutes.
18.
State of New York. Defendant Thermidor was Ms. Andres supervisor and directly participated
in the unlawful conduct described herein.
FACTUAL ALLEGATIONS
Background and Sexual Harassment at MSKCC
19.
Medical Secretary.
20.
21.
Indeed, prior to Ms. Andres unlawful termination, she had never been written up
subjected to unlawful sexual harassment at the hands of her supervisor, Ms. Thermidor.
23.
Ms. Andre repeatedly complained to Ms. Thermidor about this behavior, but Ms.
Thermidor continued to address Ms. Andre in this inappropriate and unwelcome matter.
25.
advances.
26.
For instance, Ms. Thermidor would often rub Ms. Andres shoulders or back.
27.
Again, Ms. Andre complained about this behavior, but it did not cease.
28.
Throughout the summer and fall of 2014, Ms. Thermidors inappropriate sexual
behavior escalated.
29.
During this time period, Ms. Thermidor rubbed her hands across Ms. Andres
Ms. Thermidor also openly ogled Ms. Andre, staring up and down Ms. Andres
Ms. Thermidor would often bring Ms. Andre into empty offices, look down her
shirt and remark that she could see [Ms. Andres] tits.
32.
These deplorable acts of sexual harassment made Ms. Andre feel uncomfortable,
harassment, Ms. Andre complained to Cindi Thaw, a Human Resources (HR) representative at
MSKCC. Ms. Andre specifically complained that she was being sexually harassed by Ms.
Thermidor.
34.
During the meeting, Ms. Thaw sat idly by while Ms. Thermidor bombarded Ms.
Andre with insults. Ms. Thermidor called Ms. Andre a slut and criticized her for supposedly
wearing provocative clothing to work.
36.
her outfits by Patricia Soto, Ms. Andres boss. Moreover, Ms. Andres mode of dress was in line
with the clothing worn by the other Medical Secretaries.
37.
Immediately after this meeting, Ms. Thermidor began subjecting Ms. Andre, who
had never previously been written up, to a campaign of unlawful retaliation in an obvious effort
to create a paper trail to support her eventual termination.
38.
completely unfounded issues. Among these issues were errors in the calendar that were made by
Paleicia Reid, another Medical Secretary who was promoted just after Ms. Andres complaints.
Moreover, Ms. Andre was initially assigned Ms. Reids workload, but not provided with the title
or salary that Ms. Reid received for doing that same work. In fact, another brand-new Medical
Secretary was promoted to Ms. Reids title instead of Ms. Andre.
39.
On the morning of December 3, 2014, Ms. Andre informed Ms. Thermidor that
she was pregnant. In response, Ms. Thermidor stated, in sum and substance, Does that mean
you will need to take maternity leave? Dont worry, you wont be here that long anyway.
40.
Later that day, Ms. Andre was given her annual performance review. She
received a 2.4, much worse than the 3.7 she had received the year before.
41.
Moreover, the 2.4 rating was not only plainly unjustified, but also completely
inconsistent with the feedback Ms. Andre received from the doctors she assisted, which was
supposed to provide the basis for the review.
42.
For instance, one doctor gave Ms. Andre rating of all 4s and 5s, and stated,
Marie is hardworking and she has improved remarkably over the last year.
43.
Another gave Ms. Andre ratings of all 4s and 5s, and stated, Ms. Andre is a
reliable and efficient assistant . . . whenever she provided coverage, I knew I had nothing to
worry about.
44.
During the performance review meeting, Ms. Andre told Ms. Thermidor that she
was going to challenge the review with Human Resources. Ms. Thermidor responded, It
doesnt matter who you call, nobody can help you.
45.
On the same day that Ms. Andre informed Ms. Thermidor that she was pregnant,
and just over a month after complaining of unlawful sexual harassment, Ms. Andre received a
formal written warning containing completely fabricated performance deficiencies.
46.
Of note, the December 3, 2014 written discipline critiqued Ms. Andre in the
following manner: Marie needs to improve on her communication skills and style. She needs to
take the take the [sic] time to check her work for spelling and grammatical errors. (emphasis
added). The December 3, 2014 write-up also referred to the October 21, 2014 meeting
scheduled because Ms. Andre complained of sexual harassment, and during which Ms.
Thermidor called Ms. Andre a slut as a counseling session.
47.
hostile and retaliatory work environment after she made her complaint of unlawful sexual
harassment.
48.
For example, the day after the October 21, 2014 meeting, Ms. Andres chair
which is specially designed to accommodate Ms. Andres back injury was taken away. Despite
repeated complaints to Human Resources and Compliance Services, the chair was never
returned.
49.
Ms. Thermidor also began excluding Ms. Andre from many meetings, and
As a result, Ms. Andre was subjected to constant bullying, including being called
stupid, incompetent and a slut by both Ms. Thermidor and her colleagues on a daily basis.
51.
Ms. Andre complained about all of this retaliatory treatment to Human Resources
Instead of properly addressing the situation, Ms. Thermidor issued a final written
After Ms. Andre was given the warning, Ms. Thermidor called her and gleefully
laughed and exclaimed: I finally got Pat to approve the final warning. Ive got you now.
Theres no coming back from that.
54.
True to her word, Ms. Thermidor fired Ms. Andre on February 11, 2015.
Plaintiff hereby repeats and re-alleges each and every allegation in all of the
in violation of the Title VII by, inter alia, creating, fostering, condoning, accepting, and/or
ratifying a discriminatory and hostile work environment.
57.
Plaintiff has suffered, and continues to suffer, harm for which she is entitled to an award of
monetary damages.
58.
Plaintiff has suffered, and continues to suffer, severe mental anguish and emotional distress for
which she is entitled to an award of monetary damages.
59.
malicious, willful and/or wanton violations of Title VII for which Plaintiff is entitled to an award
of punitive damages.
SECOND CAUSE OF ACTION
(Retaliation in Violation of Title VII)
60.
Plaintiff hereby repeats and re-alleges each and every allegation in all of the
protected under Title VII by, inter alia, failing to promote her, subjecting her to fabricated and
unwarranted criticism, subjecting her to a further hostile work environment and terminating her
employment.
62.
Plaintiff has suffered, and continues to suffer, harm for which she is entitled to an award of
monetary damages.
63.
Plaintiff has suffered, and continues to suffer, severe mental anguish and emotional distress for
which she is entitled to an award of monetary damages.
64.
malicious, willful and/or wanton violations of Title VII for which Plaintiff is entitled to an award
of punitive damages.
Plaintiff hereby repeats and re-alleges each and every allegation in all of the
pregnancy in violation of the PDA by, inter alia, failing to promote her, subjecting her to
fabricated and unwarranted criticism, subjecting her to a further hostile work environment and
terminating her employment.
67.
Plaintiff has suffered, and continues to suffer, harm for which she is entitled to an award of
monetary damages.
68.
Plaintiff has suffered, and continues to suffer, severe mental anguish and emotional distress for
which she is entitled to an award of monetary damages.
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69.
malicious, willful and/or wanton violations of the PDA for which Plaintiff is entitled to an award
of punitive damages.
FOURTH CAUSE OF ACTION
(Retaliation in Violation of the PDA)
70.
Plaintiff hereby repeats and re-alleges each and every allegation in all of the
protected under the PDA by, inter alia, failing to promote her, subjecting her to fabricated and
unwarranted criticism, subjecting her to a further hostile work environment and terminating her
employment.
72.
Plaintiff has suffered, and continues to suffer, harm for which she is entitled to an award of
monetary damages.
73.
Plaintiff has suffered, and continues to suffer, severe mental anguish and emotional distress for
which she is entitled to an award of monetary damages.
74.
malicious, willful and/or wanton violations of the PDA for which Plaintiff is entitled to an award
of punitive damages.
FIFTH CAUSE OF ACTION
(Discrimination in Violation of the NYSHRL)
75.
Plaintiff hereby repeats and re-alleges each and every allegation in all of the
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76.
and pregnancy in violation of the NYSHRL by, inter alia, failing to promote her, subjecting her
to fabricated and unwarranted criticism, creating, fostering, condoning, accepting, and/or
ratifying a discriminatory and hostile work environment and terminating her employment.
77.
Plaintiff has suffered, and continues to suffer, harm for which she is entitled to an award of
monetary damages.
78.
Plaintiff has suffered, and continues to suffer, severe mental anguish and emotional distress for
which she is entitled to an award of monetary damages.
SIXTH CAUSE OF ACTION
(Retaliation in Violation of the NYSHRL)
79.
Plaintiff hereby repeats and re-alleges each and every allegation in all of the
protected under the NYSHRL by, inter alia, failing to promote her, subjecting her to fabricated
and unwarranted criticism, subjecting her to a further hostile work environment and terminating
her employment.
81.
Plaintiff has suffered, and continues to suffer, harm for which she is entitled to an award of
monetary damages.
82.
Plaintiff has suffered, and continues to suffer, severe mental anguish and emotional distress for
which she is entitled to an award of monetary damages.
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Plaintiff hereby repeats and re-alleges each and every allegation in all of the
and pregnancy in violation of the NYCHRL by, inter alia, failing to promote her, subjecting her
to fabricated and unwarranted criticism, creating, fostering, condoning, accepting, and/or
ratifying a discriminatory and hostile work environment and terminating her employment.
85.
Plaintiff has suffered, and continues to suffer, harm for which she is entitled to an award of
monetary damages.
86.
Plaintiff has suffered, and continues to suffer, severe mental anguish and emotional distress for
which she is entitled to an award of monetary damages.
87.
malicious, willful and/or wanton violations of the NYCHRL for which Plaintiff is entitled to an
award of punitive damages.
EIGHTH CAUSE OF ACTION
(Retaliation in Violation of the NYCHRL)
88.
Plaintiff hereby repeats and re-alleges each and every allegation in all of the
protected under the NYSHRL by, inter alia, failing to promote her, subjecting her to fabricated
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and unwarranted criticism, subjecting her to a further hostile work environment and terminating
her employment.
90.
Plaintiff has suffered, and continues to suffer, harm for which she is entitled to an award of
monetary damages.
91.
Plaintiff has suffered, and continues to suffer, severe mental anguish and emotional distress for
which she is entitled to an award of monetary damages.
92.
malicious, willful and/or wanton violations of the NYCHRL for which Plaintiff is entitled to an
award of punitive damages.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays that the Court enter judgment in her favor and against
Defendant, containing the following relief:
A.
complained of herein violate the laws of the United States and the State and City of New York;
B.
interest, to compensate Plaintiff for all non-monetary and/or compensatory damages, including,
but not limited to, compensation for her mental anguish and emotional distress, humiliation,
embarrassment, stress and anxiety, loss of self-esteem, self-confidence and personal dignity, and
emotional pain and suffering and any other physical and mental injuries;
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