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Salvat v. Constr. Res. Corp..

Construction Manager Plausibly Alleged to be Harassment Claimant's Joint Employer

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OPINION AND ORDER

*1 Plaintiff Marline Salvat (“Salvat”) alleges that she was sexually harassed by a co-worker at a construction site on Staten Island, New York. Salvat alleges that the corporate defendants failed to take reasonable steps to accommodate female employees at the jobsite and retaliated against her for complaining about the alleged harassment by terminating her employment. Defendant L.P. Ciminelli, Inc. (“LPC”) was the construction manager for the project. LPC moves to dismiss on the grounds that LPC was not Salvat’s “employer,” a prerequisite to a Title VII claim, and that it took reasonable steps in response to Salvat’s complaints. For the reasons that follow, LPC’s motion to dismiss is DENIED.BACKGROUNDSalvat was hired as an ironworker by one or more of the defendants on July 26, 2016. Am. Compl. (Dkt. 22) 23. Defendant Empire Outlet Builders, LLC (“Empire”) was the general contractor for the project. Am. Compl. 24. Empire hired defendant Construction Resources Corporation (“CRC”) as its subcontractor and LPC as its construction manager. Am. Compl.

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