United States District Court for the Southern District of New York
Judge Vernon Broderick
Case Handled by The Derek Smith Law Group attorney Derek Smith
The Derek Smith Law Group secured a $2.2 million jury verdict on behalf of a former truck driver employed by a restaurant supply company in New York. The plaintiff endured repeated acts of racial and sexual harassment in the workplace. After speaking out against this treatment, he alleged the company retaliated by filing a false police report and having him arrested.
This jury decision affirms that racial harassment, sexual misconduct, and retaliation have no place in the workplace—and that employers will be held accountable under federal law.
Case Summary
The plaintiff, a Hispanic truck driver, was subjected to ongoing harassment by his supervisor. At trial, he accused his boss of making frequent sexual advances, including drawing “a picture of a penis” on his paycheck “almost every week.” He also testified that the supervisor “would repeatedly stick his tongue out” and try to lick the driver’s face, and “would repeatedly try and grab his buttocks.”
The plaintiff stated that he asked his boss to stop the harassment. He also testified that the company’s head supervisor spoke down to minority drivers. When the driver, who is Hispanic, asked him to stop, the supervisor replied:
“What is it with you guys? . . . you must have a Latin attitude.”
Following these complaints, the employer accused the driver of stealing boxes of restaurant equipment. A police report was filed, and he was issued a desk appearance ticket. The driver contended this was an act of retaliation after he hired a lawyer. The charges were later dropped.
