Bass v. World Wrestling Federation Entertainment
| Decision Date | 14 February 2001 |
| Docket Number | No. 99-CV-5688 (NGG).,99-CV-5688 (NGG). |
| Citation | 129 F.Supp.2d 491 |
| Parties | Nicole BASS, Plaintiff, v. The WORLD WRESTLING FEDERATION ENTERTAINMENT, INC., formerly known as Titan Sports, Inc. d/b/a the World Wrestling Federation, and Steven Lombardi, individually and in his official capacity, Defendants. |
| Court | U.S. District Court — Eastern District of New York |
A. Kathleen Tomlinson, Farrell Fritz, P.C., Uniondale, for Plaintiff.
Laura A. Brevetti, New York City, for Defendant Lombardi.
Ivy L. Jacobson, Kirkpatrick & Lockhart, L.L.P., New York City, Jerry S. McDevitt, Mark A. Rush, & Jason L. Richey, Kirkpatrick & Lockhart, L.L.P., Pittsburgh, PA, for Defendant WWF.
Plaintiff Nicole Bass brings this action against The World Wrestling Federation Entertainment, Inc. ("WWF") and Steven Lombardi, alleging sexual harassment, retaliation, sex discrimination, assault, battery, and negligence. Plaintiff has amended her complaint twice.1 Defendants now move to dismiss Plaintiff's Second Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons set forth below, the motions are granted in part and denied in part.
The following facts are taken from the Second Amended Complaint and are viewed in the light most favorable to Plaintiff. Plaintiff was once a successful body-builder and female wrestler, a former Ms. Olympia contender. The WWF noticed her accomplishments and asked her to become an employee. Through overt and implicit representations, Plaintiff was promised a successful career with the WWF. The WWF is a Delaware corporation with its principal place of business in Connecticut, but the WWF's initial contact with Plaintiff and several subsequent contacts were made at her home in Queens, New York. (Sec.Am.Compl.¶¶ 13-16.)
Mr. Bruce Pritchard, a WWF representative, informed Plaintiff that the wrestling matches would be scripted, staged, and predetermined before the match. Induced by these representations, Plaintiff signed a contract with the WWF and joined its employ. As part of her relationship with the WWF, Plaintiff wrestled, participated in many events, and attended training camps. All of these activities were under the direction of the WWF. Plaintiff made numerous appearances for the WWF, including some in New York. When she expressed concerns about the "character" she portrayed, the WWF promised that she would always be presented as a professional and an athlete. (Id. ¶¶ 17-21.)
On numerous occasions, Plaintiff was subjected to repeated and unwelcome sexual intrusions in the locker rooms at events in New York and elsewhere. She was repeatedly accosted by employees or representatives of the WWF, including Tony Guerra, Earl Hepner, Paul White, and Billy Gunn, while she was in a state of undress. Male performers were not subject to similar intrusions. (Id. ¶¶ 23-24.) The pattern of male employees intruding into the women's locker rooms was a practice well-known to the WWF, which failed to take any action to remedy the intrusions. (Id. ¶ 37.)
In a live televised event in Florida, May 10, 1999, an employee or agent of the WWF, Sean Michaels, called Plaintiff "Mister," and, when she turned her back, simulated a sexual act with his microphone directed towards her buttocks. Plaintiff was horrified and humiliated by the event. Vincent Russo, a senior executive, came to her dressing room that day to apologize and to promise that no similar indignities would occur in the future. The WWF neither took remedial actions nor instituted any policy designed to prevent such occurrences, and, in fact, Plaintiff was harassed again less than one week later. (Id. ¶¶ 25-27.)
The WWF directed Plaintiff to participate in the "No Mercy" tour in Manchester, England. Her travel arrangements were organized and paid for by the WWF. On May 15, 1999, she boarded the WWF flight out of John F. Kennedy International Airport. While on the flight, Steven Lombardi, an employee of the WWF, made repeated sexual overtures to Plaintiff, telling her that he loved her physique, that he was attracted to female wrestlers, and that he wanted her to touch his chest. After she refused, he groped her breasts. Many other WWF employees witnessed the altercation. When Plaintiff told Lombardi that she was reporting his conduct to the WWF, he threatened her with actions which would affect her good standing with the WWF. He also threatened her with a "receipt," a payback for being crossed. In New York, Lombardi repeatedly approached Plaintiff from behind, came in close physical contact, invaded her personal space, and threatened her with physical harm should she ever inform the WWF of the incident. Plaintiff feared that if she reported the incident she would risk physically harmful retaliation by Lombardi. She did not report the incident. Lombardi had significant authority, direction, and control over the terms and conditions of Plaintiff's work. He was present at every appearance Plaintiff made in 1999, and, on more than one occasion after the No Mercy Tour, Lombardi openly repeated the threat of a receipt in a manner which should have alerted the WWF to her situation. The WWF was well-aware of Lombardi's long-standing reputation for sexual harassment and abusive conduct. (Id. ¶¶ 28-36.)
One evening, Plaintiff's scripted performance involved being hit over the head with a "fixed" guitar which would shatter on impact and thus not hurt the wrestler. The guitar in this case was not fixed, and its impact caused lacerations to her head. The WWF failed to provide Plaintiff with medical attention, allegedly because all medical staff had gone to attend to another wrestler who had received fatal injuries in a previous bout. Plaintiff later learned that the guitar was intentionally left unfixed to see how tough she was. (Id. ¶¶ 38-40.)
In her Second Amended Complaint, Plaintiff alleges sex discrimination, sexual harassment, and retaliation under Title VII, 42 U.S.C. §§ 2000e et seq. ("Title VII"); violations of the Equal Pay Act, 23 U.S.C. §§ 206-19 ("EPA"); sexual harassment and sex discrimination under New York Executive Law § 296 ("Executive Law"); sexual harassment and sex discrimination under the New York City Administrative Code § 8-107 ("Administrative Code"); assault and battery against Lombardi in his individual capacity; and negligence, for the WWF's failure to provide a safe working environment. She prays for compensatory damages of $20 million and punitive damages of $100 million. The WWF now moves to dismiss Plaintiff's Second Amended Complaint pursuant to Rule 12(b)(6).
In order for a party to succeed on a motion to dismiss under Rule 12(b)(6), it must be clear that the plaintiff can prove no set of facts that would establish her claim for relief. See Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957); Cohen v. Koenig, 25 F.3d 1168, 1172 (2d Cir.1994). When making a determination of whether the plaintiff can prove any set of facts which would entitle her to relief, a court must assume that the allegations in the complaint are true and draw all reasonable inferences in the plaintiff's favor. See Cooper v. Pate, 378 U.S. 546, 546, 84 S.Ct. 1733, 12 L.Ed.2d 1030 (1964); Kaluczky v. City of White Plains, 57 F.3d 202, 206 (2d Cir.1995). Although the level of proof an employment discrimination plaintiff is required to present in order to survive a motion to dismiss is minimal, dismissal is appropriate if the plaintiff fails to meet that burden. See Brown v. Coach Stores, Inc., 163 F.3d 706, 709, 712 (2d Cir.1998).
Defendants argue for dismissal on several grounds. These will be discussed in turn.
Plaintiff alleges that the WWF violated Title VII by discriminating against her based on her sex. She claims the WWF is liable for compensatory and punitive damages, attorneys' fees, and costs. (Sec.Am. Compl.¶¶ 49-57.)
By its terms, Title VII prohibits discrimination on the basis of sex with respect to the "compensation, terms, conditions, or privileges" of employment. 42 U.S.C. § 2000e-2(a)(1).2 Although neither the statute nor its legislative history fleshes out the meaning of this sweeping prohibition, it is now established law that Title VII "affords employees the right to work in an environment free from discriminatory intimidation, ridicule, and insult." Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57, 65, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986). Accordingly, sexual and racial harassment in the workplace violates "Title VII's broad rule of workplace equality." Harris v. Forklift Sys., Inc., 510 U.S. 17, 22, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993). A plaintiff can state a claim of sexual harassment under two theories, quid pro quo and hostile work environment harassment.
Under the EEOC guidelines, "quid pro quo harassment occurs when `submission to or rejection of [unwelcome sexual] conduct by an individual is used as the basis for employment decisions affecting such individual.'" Karibian v. Columbia Univ., 14 F.3d 773, 777 (2d Cir.) (quoting 29 C.F.R. § 1604.11(a)(2)) (alteration in Karibian), cert. denied, 512 U.S. 1213, 114 S.Ct. 2693, 129 L.Ed.2d 824 (1994). To state a claim under this theory, a plaintiff must allege "that she was subject to unwelcome sexual conduct, and that her reaction to that conduct was then used as the basis for decisions affecting the compensation, terms, conditions or privileges of her employment." Id. The relevant inquiry is whether the employer has linked tangible job benefits to the acceptance or rejection of sexual overtures. See id. at 778.
Here, Plaintiff not has alleged sufficient facts to state a Title VII claim under the quid pro quo theory. She has stated...
To continue reading
Request your trial
-
Republic of Ecuador v. Chevrontexaco Corp., 04 Civ. 8378(LBS).
...true conflict between New York and another state's laws, no choice of law analysis need be undertaken." Bass v. World Wrestling Fed'n Entm't, Inc., 129 F.Supp.2d 491, 504 (E.D.N.Y.2001) (citing Portanova v. Trump Taj Mahal Assocs., 270 A.D.2d 757, 759-60, 704 N.Y.S.2d 380 (3d Dep't 2000).) ......
-
G-I Holdings, Inc. v. Baron & Budd
...conflict between New York and another state's laws, no choice of law analysis need be undertaken." Bass v. World Wrestling Fed. Entertainment, Inc., 129 F.Supp.2d 491, 504 (E.D.N.Y.2001). When the law of a particular state is not established, federal courts sitting in diversity predict how ......
-
Tenas-Reynard v. Palermo Taxi Inc.
...Sloane v. Town of Greenburgh, No. 01 Civ. 11551(MBM), 2005 WL 1837441, at *3 (S.D.N.Y. July 27, 2005); Bass v. World Wrestling Fed'n Entm't, 129 F. Supp. 2d 491, 508 n.13 (E.D.N.Y. 2001). "Although the New York and federal rules are similar, . . . courts in this district have applied the 'u......
-
In re Sterling Foster & Co., Inc., Securities Lit.
...add the IADs on the ground of mistaken identity, nor would it be reasonable for them to do so. Bass v. World Wrestling Federation Entertainment, Inc., 129 F.Supp.2d 491, 508 (E.D.N.Y.2001). Since the new names were added not to correct a factual or legal mistake but, rather, as part of an a......