UNITED STATES DISTRICT COURT
SOUTHERN MST R ICT OF NEW YORK
Rachael Itwaru,

Civ. Acti

Plaintiff,

Com laint
Date Filed:

Bloomberg L.P.,
Jury Trial Demanded

L

Defendant.

Plaintiff Rachael Itwaru, (" Plaintiff" or "Itwaru"), by Abdul K. Hassan, Esq., her:,attorney,
I

I

complaining of B]oomberg L.p. (" Defendant" or "Bloomberg") respectfully alleges as fo'llows:"'',
~li

'"

NATURE OF THE ACTION
Plaintiff aileges that she was employed by Defendant and in violation of Title VII of the Civ~1
Rights Act of
1964, as amended, 42 U.S.C. $$ 2000e through 2000e-17 and 42 U.S.C. $
1981a, the New York State Human Rights Law, and the New York City Human Rights Law
Defendant sexually harassed her
and subjected her to a hostile work enviroment because of

her sex/gender and that when in good faith she complained of and opposed this unlawful
harassment and hostility, she was retaliated against with further harassment and hostility which

peaked with her retaliatory discharge/t ermination by
Defendant on or about September 8,2008
and continued thereafter at least until 2009. Plaintiff is entitled to recover all damages

available under Title VII, NYHRL and NYCHRI., including maximum back pay, front pay,
damages for pain and suffering including emotion distress, punitive damages, as well as costs
and attorney's fees.

JURISDICTION AND VENUE
2. This Court has subject matter jurisdiction pursuant to 28 U.S.C. $$ 1331 and 13~7 and
supplemental jurisdiction over Plaintiff's state law claims pursuant to 28 U.S.C.

$

1367. In addition, the Court has jurisdiction over Plaintiff's claims pursuant to 42 U.S.C. (

2000e-5(f)(3).

 3. Venue is proper in the Southern District of New York pursuant to 28 U.S.C.

$ 1391(b) and/or

42 U.S.C. $ 2000e-5(f)(3).

4. This Court is

to issue a declaratory judgment pursuant to 28 U.S.C. $( 2201, 2202.
empowered

5. Plaintiff is an adult, over eighteen years old, who currently resides in Queens County, New
York.

6. Plaintiff is an East Indian female of Guyanese origin.

7. Upon information and belief, Defendant Bloomberg, L.P. is a foreign (Delaware) limited
partnership, duly authorized to do business in New York State.

8. Upon information and belief. Defendant Bloomberg is headquartered in Bloomberg Tower,
located at 731 Lexington Avenue, New York, NY 10022.

9. Upon information and belief, Defendant Bloomberg is an information technology company
that serves financial market participants as well as the public at large through the sale of
several products and services including computer financial terminals and business television.

10. Upon information and belief, and at all relevant times herein, Defendant Bloomberg

employed

more than 15 people and had revenues of over five billion dollars a year.

11. Upon information and belief, and at all relevant times herein, Defendant Bloomberg employed
inore than 10,000 people in over 166 locations worldwide.

1 . Upon information and belief, and at all relevant times, Defendant has continuously been an
employer engaged in an industry affecting commerce within the meaning of Sections 701(b),

(g) and (h) of Title VII, 42 U.S.C. $$ 2000e(b), (g) and (h).
13. "AM" as used herein, refers to Plaintiff's supervisor at Bloomberg for a period of time.

 14. "BC" as used herein, refers to supervisor at Bloomberg followiIIg AM.

15. "MC" as used herein, refers to a manager at Bloomberg who had supervisory authority over
Plaintiff and BC.

16. "JB" as used herein, refers to an employee in Bloomberg's human resources department.

17. "ALM" as used herein, refers to an

of Bloomberg who was a team member of
employee

Plaintiff.

18. "JP" as used herein, refers to an employee of Bloomberg who as another team member of

Plaintiff.

STATEMENT OF FACTS
19. Defendant Bloomberg hired Plaintiff Itwaru on August 21, 2006 as an employee in its sales
department with a starting annual salary of $120,000.

20. Plaintiff's contract included no more than five days of travel nationwide per month and her hours
were approximately 8-hour days. Plaintiff was very experienced and trained as a sales
representative and she excelled in this capacity.

21. Plaintiff.'s reviews were mostly ones and twos and within four months she was promoted.

22. Plaintiff was given extra accounts. Large accounts were unloaded to Plaintiff from other senior

team members, including ALM.

23. Plaintiff managed multiple territories including the tri-state are~, Minneapolis, Chicago, and
St. Louis.

24. Plaintiff worked with the development team to get issues resolved and gave input to improve

 the product the team was selling and servicing.

25. Plaintiff opened doors that were previously unavailable due to lack of any prior connections
and she worked with international clients from her home during midnight and early morning
hours.

26. Plaintiff was given a bonus of $20,000 after the first year for her excellent performance.

27. Upon information and belief, Plaintiff's salary exceeded that every member of her team.

28. Plaintiff excelled despite difficult and different conditions that she was hired under. For
example, despite being told that travel expectations would not exceed 5 days a month she
traveled more than 15 days some months - mostly overnight with 2-3 night stays. Even upon
midnight returns, Plaintiff would be at work at 7 A.M. the next day.

29. Plaintiff's team member ALM became increasingly hostile and sexually aggressive since his
accounts were given to Plaintiff. Plaintiff was constantly harassed in the presence of many
team mates including her supervisor AM. ALM's comments to Plaintiff were very sexual and

included comments about her weight loss, her figure, face, lips, breast and clothing.

30. Despite being told to stop his sexual harassment and hostility, ALM even said he would like to
see Plaintiff naked and what he would like to do to Plaintiff.

31. After complaining to her supervisor AM about this sexual harassment and hostility, she
dismissed Plaintiff's complaints and forced ALM and Plaintiff to go out alone to acquire and
service sales accounts. ALM sexual harassment got worse. When Plaintiff refused to travel in
the same taxi alone with ALM, supervisor AM accused Plaintiff of being anti-social and told
her that she needed to socialize with the guys more.

32. ALM often would team up with JP and make disgraceful and sexual comments. This constant
harassment was a torture and very stressful.

 33. A client for example„asked for a back rub via the Bloomberg instance messaging systemsupervisor AM dismissed the comment and did not support Plaintiff in feeling safe. Plaintiff
was at Bloomberg to pursue a professional career not a personal relationship.

~4. Even though Plaintiff was hired into Sales and excelling in Sales, she was forced into a
different department with an analyst position. She was spread very thin - the work load
exceeded 100 percent
of many in her group.

35. Even though Plaintiff performed very well, her performance could have been even better if not
for the unlawful sexual harassment, hostility and retaliation she was subjected to by
Defendant.

36. The compounded aggravation, sexual harassment and stress eventually aggravated Plaintiff s

medical illness. As a result Plaintiff could not sit for very long periods at a time due to this
aggravated condition.

37. Plaintiff eventually needed a surgical procedure to help alleviate this aggravated condition.

38. Plaintiff's doctor communicated with Defendant's human resources department and eventually

she was placed on disability leave from December 2007 to March 2008.

39. Upon Plaintiff's return to work in March 2008 the sexual harassment and hostility worsened.
Human resources revealed Plaintiff's confidential medical reports to her team members and
the situation was extremely embarrassing and humiliating especially because the condition
involved a private part.

40. The release of this private medical information created an environment that made it even more
difficult for Plaintiff to function but she persisted in torment nonetheless.

41. ALM and JP used Plaintiff's private medical information to their advantage and harassed

 plaintiff. ALM and JP would say things like "fire the fucking bitch. She does not need the job,
her husband is a doctor."

42. As working conditions deteriorated upon Plaintiff's return in March 2008, she confided in BC.

BC was a new employee in the US, starting in April 2008.

43. Upon information and belief BC's boyfriend was a high ranking employee at Bloomberg who
was recently relocated to the United States.

44. Upon information and belief BC moved quickly up the ranks with the help of her high ranking
boyfriend and BC became Plaintiff's manager.

45. Plaintiff complained to Manager BC about MC and his sexual harassment. MC had told
Plaintiff that she should use her looks to her advantage when executing her client meetings and

that she needed to go beyond her job description with sexual favors. MC asked Plaintiff out on
a personal date. MC asked Plaintiff to come out drinking with him and the "other boys.' MC
explained that Plaintiff needed to provide sexual favors in order to keep her job and get
promoted.

46. MC touched Plaintiff inappropriately and when she went. to Human Resources for help, she
was ignored and no help was provided.

47. On a certain occasion, MC told JP to put in a meeting in his calendar and head out and enjoy
the Yankees game. Plaintiff was told to keep her mouth shut about what she heard.

48. Shortly after Plaintiff complained to BC about MC's sexual harassment and hostility, BC
released all of the confidential information regarding the harassment to MC. MC became
furious and threatened Plaintiff to keep her mouth shut or she will be fired. Plaintiff then
complained again to human resources about all the sexual harassment, aggravation and abuse
and hostility. HR then released all of the confidential complaints and information back to MC
and BC.

 49. The harassment and hostility intensified. Plaintiff was immediately given a warning letter by
BC. She told Plaintiff that if Plaintiff did not sign on the spot, Plaintiff would be fired
immediately.

50. Upon information and belief BC signed the letter on 8/25/08 and changed the date to 8/15/08
to match Plaintiff's signature date.

51. Even though other team members were allowed multiple smoking breaks per day, Plaintiff was
not allowed to go to the bathroom as often as necessary even in light of her medical condition
— at one point blood was seen through her dress and stained her seat.

52. Plaintiff's manager constantly harassed her including calling her names such as "Guyanese

Bitch."

53. As another example, on another occasion, Plaintiff was fifteen minutes late but was docked a

half-day pay even
though such docking of pay would be prohibited by the FLSA and NYLL
and even though Plaintiff on nunierous occasions arrived and began working as early as
6:45AM.

54. The sexual harassment, hostile work environment and unlawful retaliation peaked with
unlawful retaliatory termInation of Plaintif'f on September 10, 008.

55. On September 10, 008, Plaintiff was summoned to a meeting with MC, BC and JB. At this
meeting MC was extremely rude and demeaning. MC told Plaintiff they had enough of her
already and that her employment with Defendant Bloomberg was terminated and that she

should get out of the building immediately — she was not even allowed to go back to her desk
to retrieve her personal items. JB tried to pressure Plaintiff into signing a waiver agreement
which would have waived Plaintiff's right to sue Defendant Bloomberg for its unlawful
conduct. After Plaintiff refused, she was then escorted out of Bloomberg s building in a very
disgraceful manner by JB, in the plain sight of others and in total humiliation and torment.

 After Plaintiff was led out of the building and onto the streets, she had no money and tried to

call her colleagues in the building for help. Upon learning of this attempt to seek help, JB
called Plaintiff, yelling and screaming and threatening her not to speak with anyone at
Bloomberg again — JB also tried to harass Plaintiff further and insisted that Plaintiff return and
sign the waiver agreement so that Bloomberg could not be held accountable for its illegal
conduct.

56. The sexual harassment, hostility and retaliation by Defendant alleged herein constituted
continuing violations which peaked with the termination of Plaintiff on September 10, 2008
and continued after Plaintiff's termination when she tried to recover her personal items and to
complain further and tried to remedy the unlawful discriminatory and retaliatory conduct
against her — the post termination communications between Plaintiff and Defendant are
incorporated herein.

57. These continuing violations of Plaintiff's rights under Title VII, NY Human Rights Law and
NYC Human Rights Law, including as alleged herein, lasted at least up until 2009.

58. The conduct of Defendant Bloomberg, including its employees and supervisory and
managerial employees in subjecting Plaintiff to sexual harassment and a hostile work
environment and retaliation was pervasive, egregious, wanted, willful, intentional, malicious,
depraved„reckless, wicked and evil.

AS AND FOR A FIRST CAUSE OF ACTION
(Sexual Harassment, Hostile Work Environment and Retaliation — Title VII)

59. Plaintiff Itwaru repeats and incorporates paragraphs 1 through 58 above as if set forth fully and
at length herein.

60. At all times relevant herein, Defendant was a covered employer under Title VII of the Civil
Rights Act of 1964, as amended, and Plaintiff was a covered employee under Title VII.

 61. More than thirty days prior to the institution of this lawsuit, and within three hundred days of

the violations of Title VII complained of herein, Plaintiff filed a charge with the U.S. Equal
Employment Opportunity Commission (" EEOC" ) alleging violations of Title VII by
Defendant„ including the violations alleged herein.

62. This lawsuit is being filed within ninety (90) days of Plaintiff's receipt of a notice of right to
sue from the EEOC — the EEOC mailed Plaintiff a notice of right to sue dated July 15, 2011
and which Plaintiff received several days after July 15, 2011.

63. All conditions precedent to the institution of this lawsuit have been fulfilled.

64. Title VII of the Civil Rights Act of 1964 states in relevant part that, "It shall be an unlawful

employment practice for an employer to discriminate against any of his employees ... because
he has opposed any practice made an unlawful employment practice by this subchapter, or
because he has made a charge, testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing under this subchapter." 42 U.S.C. $ 2000e-3(a).

65. Defendant's conduct in subjecting Plaintiff to sexual harassment and a hostile work

environment because of her female sex and gender is an unlawful employment practice under
Title VII of the Civil Rights Act of 1964, as amended. See 42 U.S.C. ($ 2000e-2(a)(1).

66. P aintiff, in good faith. opposed Defendant s sexual harassment and ho.,tility and compla>ned

of same, and because of such opposition and complaints, Defendant discriminated against
Plaintiff by subjecting her to more sexual harassment and hostility and by terminating her
employment.

67. Plaintiff is entitled to recover damages for the retaliation, sexual harassment and the hostile
work environment she was subjected to because of her female sex and gender as well as
damages caused by her retaliatory termination.

68. Plaintiff is entitled to recover and seeks to recover herein from Defendant, all damages

 available under Title VII, including damages for past and future pain and suffering, back pay
and front pay, punitive damages, and attorney's fees.

AS AND FOR A SECOND CAUSE OF ACTION
(Sexual Harassment, Hostile Work Environment, Retaliation — NY Human Rights Law)

69. Plaintiff. Itwaru repeats and incorporates paragraphs 1 through 68 above as if set forth fully and
at length herein.

70. New York Executive Law 296(7) provides in relevant part that, "It shall be an unlawful
discriminatory practice for any person engaged in any activity to which this section applies to
retaliate or discriminate against any person because he or she has opposed any practices
forbidden under this article or because he or she has filed a complaint, testified or assisted in

any proceeding under this article." See also New York Executive Law 296(1)(e).

71. Defendant's conduct in subjecting Plaintiff to sexual harassment and a hostile work
environment because of her female sex and gender is an unlawful employment practice under

New York Human Rights Law. New York Executive Law 296(1 )(a).
72. Plaintiff, in good faith, opposed Defendant s sexual harassment and hostility and complained
of same, and because of such opposition and complaints, Defendant discriminated against
Plaintiff by subjecting her to more sexual harassment and host!1! t~~ and bv termina,inp her

employment.

73. Plaintiff is entitled to recover damages for the retaliation, sexual harassment and the hostile
work environment she was
subjected to because of her female sex and gender as well as
damages caused by her retaliatory termination.

74. Plaintiff is entitled to recover and seeks to recover herein from Defendant, all damages
available under New York Human Rights Law, including damages for past and future pain and
suffering, back pay and front pay, punitive damages, and attorney's fees
10

10

 AS AND FOR A THIRD CAUSE OF ACTION
(Sexual Harassment, Hostile Work Environment, Retaliation — NYC Human Rights Lavv)

75. Plaintiff repeats and incorporates paragraphs 1 through 74 above as if set forth fully and at
length herein.

76. The NY City I-Iuman Rights law including at NYC Code $ 8-107(7) provides in relevant part
that:

Retaliation. It shall be an unlawful discriminatory practice for any person
engaged in any activity to which this chapter applies to retaliate or
discriminate in any manner against any person because such person has

(i)

opposed any practice forbidden under this chapter, (ii) filed a complaint,
testified or assisted in any proceeding under this chapter, (iii) commenced a
civil action alleging the commission of an act which would be an unlawful
discriminatory practice under this chapter, (iv) assisted the commission or
the corporation counsel in an investigation commenced pursuant to this title,

or (v) provided any information to the corzunission pursuant to the terms of
a conciliation agreement made pursuant to section 8-115 of this chapter.

The retaliation or discrimination complained of under this subdivision need
not result in an ultimate action with respect to employment, housing or a

public accommodation or in a materially adverse change in the terms and
conditions of employment, housing, or a public accommodation, provided,
however, that the retaliatory or discriminatory act or acts complained of

must be reasonably likely to deter a person from engaging in protected
activity.

77. Defendant's conduct in subjecting Plaintiff to sexual harassment and a hostile work
environment because of her female sex and gender is an unlawful employment practice under
New York City Human Rights Law. NYC Code $ 8-107(1)(a).

78. Plaintiff, in good faith, opposed Defendant s sexual harassment and hostility and complained
of same„and because of such opposition and complaints, Defendant discriminated against
Plaintiff by subjecting her to more sexual harassment and hostility and by terminating her
employment.

 79. Plaintiff is entitled to recover damages for the retaliation, sexual harassment and the hostile
work environment she was subjected to because of her female sex and gender as well as
damages caused by her retaliatory termination.

80. Plaintiff is entitled to recover and seeks to recover herein from Defendant, all damages
available under New York City Human Rights Law, including damages for past and future
pain and suffering, back pay and front pay, punitive damages, and attorney's fees.

PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Court grant the following relief:

81. Grant Plaintiff Itwaru judgment on her First Cause of Action (Title VII), and award her all
damages available under Title VII, including maximum damages for past and future pain and
suffering, back pay and front pay, punitive damages, and attorney's fees;

82. Grant Plaintiff Itwaru judgment on her Second Cause of Action (NYHRL), and award her all
damages available under NYHRL, including maximum damages for past and future pain and
suffering, back pay and front pay, punitive damages, and attorney's fees;

83. Grant Plaintiff Itwaru judgment on her Third Cause of Action (NYCHRL), and award her all
damages available under NYCHRL, including maximum damages for past and future pain and

suffering„back pay and front pay, punitive damages, and attorney's fees;

84. Award Plaintiff prejudgment interest on all monies due;

85. Award Plaintiff any relief requested or stated in the preceding paragraphs but which has not
been specifically requested in the PRAYER FOR RELIEF, in addition to the relief requested
in the PRAYER FOR RELIEF;

86. Award Plaintiff such other, further and different relief as the Court deems just and proper.

 Dated: Queens Village, New York

September 29, 2011

Respectfully submitted,

By: Abdul K. Hassan, Esq. (AH6510)
Counsel for Plaintiff
215-28 Hillside Avenue
Queens Village, NY 11427
Tel: (718) 740-1000
Email: abdul a abdulhassan.cpm