PART 35 - Nymag

that Burrell were plaintiffs' co-worker and not their supervisor, Ceiitro would still be liable since
plaintiffs relayed their coniplaints regarding Burrell's to Muniak and Elkins, who in turn, failed to
investigate or address those complaints. As Centro knew or should have known about the
liarassinent, yet failed to take appropriate remedial action, Centro is directly liable to plaintiffs
for failing to investigate aiid address plaintiffs' complaints and for causing plaintiffs' terminations
and constructive dischargc.
By engaging in the sexually discriminatory conduct that Centro, through Miiiiiak and
~
Elkins, failed t o ~ v ~ s ~ a ~ ~ ~ ~ - ~ eaGet€ed, l ' r incited, " a icomnpell~d-Gf d ~ d , COerCed"
the cornmission of Centro's violations, and is thus liable under N.Y. Exec. Law aiid N.Y.C.
Administrative Code. Thus, plaintiffs' first and second causes of action must be upheld.
Further, Hennigan has alleged that Centro failed to provide her with a nondiscrimiiiatory
work environment, and thus, Hennigan may allege liability against Burrell for aiding and abetting
Centro's misconduct. The Complaint describes how Elkins and Muniak failed to deal with the
complaints lodged by Hennigan, Lim and Bradford regarding Burrell's misconduct. The
Coniplaint also alleges that Centro's agents terminated both Bradford and Lini, and constructively
terminated Hennigan, in retaliation for their complaints of discrimination.
Oiice an employer is found to have inadequately investigated the complaints of
discrimination, the party whose conduct gave rise to the complaints will then be 1,iable for aiding
and abetting the employer's violation. Contrary to defendants' contention, this is not an instance
where there has been a determination that the plaintiffs have no claim against their employer, so
as to find that plaintiffs cannot bring aiding and abetting claims against the person who
committed the discriminatory actions.
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