Date: 04-30-1999

Case Style: Staci Bonner v. Robert Guccione, Jr., et al.

Case Number: 94 CIV. 7735

Judge: Cote

Court: United States District Court for the Southern District of New York

Plaintiff's Attorney: Hillary Richard and Laurie Edelstein of Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C. New York, New York

Defendant's Attorney: Bettina B. Plevan, John E. Daly and Christine Oyakawa of Proskauer Rose, L.L.P., New York, New York

Description: New York State Human Rights Law (N.Y. Executive Law § 296) and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq. hostile work environment sexual harassment claim by former employee of Spin Magazine. Staci Bonner commenced this action alleging that she and other female employees at Spin Magazine were the victims of sexual harassment. A number of causes of action were alleged under federal and state law. Of relevance here are three separate claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq., and three identical claims under the New York State Human Rights Law, N.Y. Executive Law § 296 (NYSHRL). Under both of the foregoing statutory schemes, Bonner claimed that she was the victim of quid pro quo sexual harassment, intentional gender discrimination, and hostile work environment sexual harassment.

Outcome: On five of these six causes of action, the jury either found in favor of the defendants or failed to award any damages. The jury did award the sum of $90,000 in compensatory damages arising out of the defendants' violation of the New York State Human Rights Law. Plaintiff was also awarded $760,109.92 in attorney's fees and costs as a prevailing party.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: The judgment of the district court entered on the jury verdict was affirmed by the 2nd Circuit Court of Appeals. The judgment awarding attorney's fees and costs was vacated and the case was remanded for further proceedings consistent with the 2nd Circuit's opinion. See: 178 F.3d 581 (2nd Cir. 1999). Note: The date shown above is the date of the appellate court decision and not the trial date.