Justice Barbara Jaffe
Cintron, a security employee of AlliedBarton, alleged she was sexually harassed by Staten Island ferry employees in 2007. She claimed that although she reported the alleged harassment to respondent New York City Department of Transportation Ferry Division (DOT), it failed to take remedial action. After Cintron complained to AlliedBarton about the alleged harassment, her employer reassigned her to work in Manhattan. Cintron alleged that the harassment began again in 2009 and, after she contacted respondent Gordon, DOT’s Executive Director of Security, to end the harassment, AlliedBarton terminated her employment. The New York City Commission on Human Rights (Commission) subsequently found insufficient evidence to sustain Cintron’s allegations of sexual harassment, and dismissed her complaint. The Commission held that Cintron did not demonstrate by a preponderance of the evidence that DOT employees subjected her to sexual harassment. The instant court granted the respondents’ motions to dismiss the action, noting that Cintron failed to name as a respondent the Commission, which was the agency that issued the determination she challenged.
