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March 3, 2015

Pardalis & Nohavicka Employment Discrimination Law Update: Eastern District Judge Chen (photo), Denies College's Motion to Dismiss Sexual Harassment Claim Brought by Male Against Female

In Garcia v. College of Staten Island,  our client, John Garcia, a campus peace officer in the Office of Public Safety at the college, sued the college for hostile work harassment based on the sexually explicit verbal comments and physical gestures made by a female peace officer, Robertson.  Robertson rubbed her breast on his shoulder and neck, and he told her to stop it because it was sexual harassment, Robertson stated, “I can do it because I’m a woman.” Robertson then proceeded to make “sexual pumping motions” while holding Garcia's body. When he complained, the college retaliated.The college moved to dismiss the case; Judge Chen declined the college's invitation. Case proceeds to trial.

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