In somewhat of an unusual case, a former employee, Rochelle Baez, will be allowed to proceed on her claims of retaliation and hostile work environment claims under Title VII and accompanying state of New York law against her former employer, Ann Fontaine USA, Inc. after she was terminated soon after complaining of fellow coworkers spreading a "rumor" that she attended a meeting with the company's president and CEO wearing a "revealing shirt and no bra." Though the New York district court opined that the case is weak and that this case is "not the type with which the relevant discrimination statutes are most concerned," the court also acknowledged that if the comments "on bra-less attendance at a meeting were made by a man, plaintiff's case would be much stronger." The court held that there is no legal reason why the gender or number of speakers alters the analysis.
What ultimately carried the day for Baez in the face of a few legitimate articulated reasons for terminating her employment by the defendant (i.e., her poor management of an employee at a Bal Harbor store, and problems opening of the Madison Avenue store in NYC), is the fact that the president listed the "drama" as a reason for her termination and the fact she was terminated in close temporal proximity to her complaint about the rumor being spread about her. This, according to the court, was sufficient to create a genuine dispute of material fact as to whether her complaint was a but-for cause of her termination.
The case is Baez v. Anne Fontaine USA, Inc. et al, No. 1:2014cv06621 - Document 72 (S.D.N.Y. 2017).