In a sex discrimination action claiming that defendant-supervisor should have prevented the harassment of plaintiff taking place, summary judgment for defendants is affirmed in part where 1) plaintiff was not deprived of all reasonable avenues of complaint and 2) defendants could not be liable based on information that plaintiff requested be kept confidential but which was conveyed to a co-worker. However, the order is reversed in part where a reasonable jury could conclude that the employer defendants 1) knew, or in the exercise of reasonable care should have known, of the harassment directed at plaintiff and 2) failed to take appropriate remedial action.
Argued: December 9, 2008
Decided: December 4, 2009
Opinion by Judge Cabranes
Patrick J. Walsh, Barbara D. Underwood, Peter Karanjia, Office of the Attorney General for the State of New York, New York, NY