Sometimes the Only Defense: Motion to Dismiss

For persons accused of employment or sexual harassment, a motion to dismiss the matter is usually the first defense.

In Milocys Dominguez v Shai Guber et al., Ms. Dominguez alleges she suffered sexual harassment and workplace retaliation in violation of the New York City Human Rights Law.

The facts of the case include the following:

  • Ms. Dominguez was hired in June 2013 by Mr. Guber as an independent sales and rental contractor.
  • In the following months, Ms. Dominguez received training at the Caliber real estate agency owned by Mr. Guber. By July, Ms. Dominguez received her real estate license and was promoted to Real Estate Agent.
  • By October of 2013, Mr. Gruber began to make sexually explicit comments about Ms. Dominguez, including statements “about her looks and her body.”
  • In December of 2013, after a company office party, Mr. Gruber followed Ms. Dominguez to a bar where he touched and groped Ms. Dominguez, eventually forcing her hand down his pants to feel his pubic hair. After the incident, Ms. Dominguez resigned.

Counsel for Mr. Gruber argued Ms. Dominguez was an independent contractor with no standing to sue. The court denied the motion to dismiss noting Ms. Dominguez regarded herself at all times as employed and supervised by Mr. Gruber.

Mr. Gruber also argued against the charge of battery made against him by Ms. Dominguez. The court denied his motion to dismiss the charge.

Charges of sexual harassment and discrimination are settled short of court in most cases. When you are harassed on the job, be sure to speak with experienced counsel in New York willing to skillfully fight for your rights to justice and compensation either outside or inside the courtroom.

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