A state appeals court revived a New York gender discrimination claim against the owners of a local wellness clinic. In addition to being co-owners, the defendants were husband and wife. One of the defendants, the husband, hired the plaintiff as a yoga instructor and massage therapist and acted as her direct supervisor. The plaintiff and her supervisor maintained a professional relationship over the course of her employment; however, her supervisor disclosed that his wife (and the co-owner of the clinic) might get jealous of the plaintiff because she was “too cute.”
Months later, the plaintiff received threatening text messages from her supervisor’s wife. The messages stated that the plaintiff was not welcome at the clinic any longer and that she should stay away from her husband and her family. On the next morning, the plaintiff received an email from her supervisor, notifying her that her employment was terminated and that he would call the police if she returned to the office.
The plaintiff filed a lawsuit in New York state court, alleging gender discrimination under the New York State Human Rights Law and the New York City Human Rights Law. Under these laws, employers are prohibited from taking an adverse employment action against an employee when motivated by reasons related to the employee’s sex or gender, including, as the plaintiff argued, sexual attraction.