Sometimes it takes a bit longer to get the right result. In our case, Bond v. N.Y.C. Health & Hosps. Corp., our client was subjected to egregious sexual harassment by her supervisor. When she complained about it and asked to be transferred away from her, she was moved to a dead-end role and given nothing to do. For eight tortuous months, she had to come into an office where she had no responsibilities and nothing to do, while her complaints to HR went ignored. She was ultimately forced out of her role.
Incredibly, a trial court dismissed her case, holding that being completely relegated and essentially bored to tears was not protected. The court found that because the plaintiff asked to be moved, she had no basis to complain about having nothing to do. This was a shocking and egregious result, as it would narrow the law for future victims of discrimination. We knew we would have to appeal.
On April 13, 2023, the First Department appellate court in Manhattan overturned that decision, reinstating all of the Plaintiff’s claims. See Bond v. N.Y.C. Health & Hosps. Corp., 2023 N.Y. App. Div. LEXIS 1944 (1st Dept. April 13, 2023). This case now stands for the principle that employees who seek help cannot be disregarded and ignored, merely because they asked for help.