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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48592

Judge Lynch

PLAINTIFF ALLEGED that defendant’s sexual harassment led to her constructive discharge from her position as a salesperson at defendant’s Manhattan shoe store. Plaintiff brought suit under Title VII of the Civil Rights Act of 1964, among other things, against defendant salesperson and manager of the store, as well as against the store’s French parent company. Defendants moved for summary judgment on plaintiff’s Title VII claims, on the ground that plaintiff’s employer did not and does not have the requisite 15 employees to qualify as an “employer” under Title VII. The court denied defendants’ motion for summary judgment on that issue, determining that whether a parent and subsidiary meet the standard for integration under Title VII is ultimately an issue of fact for the jury. The court added that the plaintiff put forth sufficient evidence to create a factual dispute over the question of the parent company’s control of the decisions related to the conditions of employment for salespeople at the store.

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