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Verdicts & Settlements: Employment Law

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Hostile work environment

June 6, 2019

Shaunte Penniston worked as a special education teacher in New York’s P.S. 15Q. While setting up her classroom the week before school started, her principal, Antonio K’Tori, asked her whether she ever planned to get married again following her divorce. K’Tori later made other comments, such as telling Penniston that she was pretty, that she would be spending all of her time with him after school and on weekends, and that she should do what she was “supposed to do.” Penniston rebuffed his advances.

At the end of the year, K’Tori issued Penniston a doubtful rating and told her that she should have been fired on the spot. Penniston complained of harassment and retaliation to the district representative and to the New York City Office of Equal Opportunity. She also requested a transfer to another school. Penniston continued at P.S. 15Q, where she was subjected to continued retaliation, including being excluded from meetings, being deprived of necessary curriculum and lesson plan materials, being observed repeatedly by administrators, receiving multiple disciplinary letters, and having her paraprofessional removed from her classroom. Ultimately, K’Tori advised Penniston that she would be terminated at the end of that school year.

Penniston sued the city of New York and K’Tori, alleging hostile work environment and retaliation in violation of Title VII, the New York State Human Rights Law, and 42 U.S.C. §1983.

The jury awarded $523,000, including $150,000 in punitive damages against K’Tori.

Citation: Penniston v. City of N.Y., No. 1:13CV03572 (E.D.N.Y. Feb. 12, 2019).

Plaintiff counsel: Matthew Marks and Thomas Ricotta, both of Long Island City, N.Y.