Female Restaurant Employees Who Were Fired After Complaining About Being Forcibly Weighed Have a Case
Sutton Place Restaurant and Bar, a Midtown Manhattan restaurant, may be liable to female employees who claim that they were fired after complaining about being forcibly weighed, according to a New York appeals court ruling, reported Courthouse News.
Kristen McRedmond and a co-worker filed suit against the restaurant, claiming retaliatory termination, battery, false imprisonment and hostile work environment.
McRedmond testified that a co-worker, Neil Hanafy, inappropriately touched her and made vulgar sexual comments over the two year period in which she worked at the restaurant. Hanafy also repeatedly asked her how much she weighed and picked her up once to put her on a scale.
Some of McRedmonds co-workers testified that they witnessed and even experienced Hanafy’s conduct firsthand.
Hanafy denied any wrong doing, however the New York County Supreme Court refused to dismiss the case and the appellate division’s First Department affirmed last week that the case should go to trial.
“Hanafy’s denial that he engaged in any of the alleged conduct and the other individual defendants’ denial of any knowledge of such conduct raise genuine credibility issues that the court may not decide on a motion for summary judgment,” the unsigned opinion states.
“Both plaintiffs made a prima facie case of retaliation by testifying that they were terminated from their employment shortly after complaining about an incident in which all the female employees were forcibly weighed,” the justices added.