In Clayton v. Best Buy Co, Inc. , Natoya Clayton filed suit against Best Buy -- a seller of consumer electronics, home-office products, entertainment software, appliances and related services with nearly 1,300 retail stores across the United States, Canada and in China -- alleging sex discrimination, sexual harassment, intentional infliction of emotional distress, and retaliation.
Clayton claimed that she endured sexually inappropriate remarks from other Best Buy employees and that, after she reported one of these incidents, her work hours were reduced in retaliation for the complaint.
The Bronx County Supreme Court granted Best Buy 's request to dismiss the case, finding that under New York's Human Rights Law, "an employer cannot be held liable for an employee's discriminatory act unless the employer became a party to it by encouraging, condoning, or approving it." Since Best Buy properly responded to Clayton's complaints, and reprimanded the offending employee in a timely manner, there was no evidence to show that the company encouraged, condoned or approved of the harassment.
Upon review, the Appellate Division, First Department, reinstated parts of Clayton's case and directed that the matter proceed to a formal hearing or trial. The AD1 was of the opinion there were unresolved questions as to whether Clayton's hours had been reduced, and whether she was eventually fired, as a result of her sexual harassment charges.
Was Best Buy bested by Clayton?
To download a copy of the Appellate Division's decision, please use this link: Clayton v. Best Buy Co, Inc.