Citations
- 350 F. Supp. 3d 199
Full opinion text
MATSUMOTO, United States District Judge:
Plaintiff United States Equal Employment Opportunity Commission ("EEOC") commenced this action against defendants United Health Programs of America, Inc., and Cost Containment Group, Inc. (collectively, "defendants"), pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII") on behalf of a group of defendants' former employees - Danielle Diaz, Jennifer Honohan, Regina Maldari, Cynthia Pegullo, Elizabeth Safara, Sandra Benedict, and Karen Josey (the "claimants"). Three claimants - plaintiff-intervenors Elizabeth Ontaneda, Francine Pennisi, and Faith Pabon ("plaintiff-intervenors," and, collectively with EEOC, "plaintiffs") - intervened in this action seeking relief pursuant to Title VII and the New York State Human Rights Law ("NYSHRL"). The case went to trial and was submitted to a jury, which returned a verdict partially in plaintiffs' favor and partially in defendants' favor and awarded plaintiffs a total of $5,102,060 in compensatory and punitive damages. Pending before the court are plaintiffs' motion for injunctive relief, equitable relief, back pay, and entry of judgment, as well as plaintiffs' motion for attorneys' fees and costs. For the reasons and in the manner discussed below, plaintiffs' motions are granted in part and denied in part.
BACKGROUND
The court presumes familiarity with the factual and legal background of this matter, as recited in its summary judgment Memorandum and Order, EEOC v. United Health Programs of Am., Inc. , 213 F.Supp.3d 377 (E.D.N.Y. 2016) (" Onionhead I "), and motions in limine Memorandum and Order (ECF No. 131, Memorandum and Order re Motions in Limine ), and provides background only as necessary to resolve the instant motions.
In their pleadings, plaintiffs claimed that they were subjected to, inter alia , religious discrimination, reverse religious discrimination, retaliation, and hostile work environment in defendants' workplace in violation of Title VII and NYSHRL. Supervisors in defendants' workplace purportedly imposed certain practices and beliefs, often referred to as "Onionhead" and "Harnessing Happiness," on plaintiffs. On September 30, 2016, the court, inter alia , denied defendants' motion for summary judgment on plaintiffs' reverse religious discrimination claims and hostile work environment claims premised on reverse religious discrimination, and concluded that Onionhead/Harnessing Happiness qualifies as a religion for the purposes of Title VII. Onionhead I, Inc. , 213 F.Supp.3d at 398-402.
On April 2, 2018, the parties began a three-week jury trial on plaintiffs' claims that defendants subjected nine claimants to a hostile work environment based on employer-imposed religious practices, subjected eight claimants to disparate treatment (including wrongful termination) based on claimants' rejection of defendants' religious practices, and subjected one claimant to disparate treatment (including wrongful termination) and retaliation based on that claimant's personal religious beliefs. For the purposes of trial and based on the court's memorandum and order on summary judgment, the parties stipulated that certain of defendants' alleged practices were religious, including, among other things: texts, beliefs, concepts, and practices concerning Onionhead, including meetings and workshops; statements by Chief Executive Officer ("CEO") Hodes and his aunt, Denali Jordan ("Denali"), that employees are "chosen"; praying in the workplace; and emails referencing God, spirituality, and demons. (ECF No. 184, Jt. Stip. Regarding Practices Deemed Religious; Trial Tr. at 15-16.)
On April 25, 2018, the jury returned a unanimous verdict in favor of all plaintiffs on all of their hostile work environment claims under Title VII and the NYSHRL, and plaintiff-intervenor Pabon's wrongful termination claim under Title VII and the NYSHRL. The jury returned a verdict in favor of defendants on the remainder of the claims. The jury awarded plaintiffs a total of $5,102,060, consisting of compensatory and punitive damages. The jury awarded a total of $3,011,000 in compensatory damages as follows: $225,000 to Benedict; $190,000 to Diaz; $570,000 to Honohan; $180,000 to Josey; $308,000 to Maldari; $590,000 to Ontaneda; $180,000 to Pegullo; $248,000 to Pennisi; $80,000 to Safara; and $440,000 to Pabon. The jury awarded a total of $2,091,060 in punitive damages as follows: $400,000 to Diaz; $900,000 to Ontaneda; $160,000 to Pegullo; $381,000 to Pennisi; and $250,000 to Pabon.
On June 8, 2018, plaintiffs filed the instant motions. They seek: (1) injunctive relief; (2) an award of backpay and prejudgment interest for plaintiff-intervenor Pabon; and (3) judgment on plaintiffs' modified damages award. Plaintiffs also seek: (1) attorney's fees and costs for plaintiff-intervenors' attorney; and (2) EEOC's taxable costs.
DISCUSSION
I. Injunctive Relief
A. Legal Standard
Under Title VII, injunctive relief may be an appropriate remedy when the court determines that an employer "has intentionally engaged in or is intentionally engaged in such unlawful employment practice charged in the complaint[.]" 42 U.S.C. § 2000e-5(g)(1). Generally, "[a]n injunction is a matter of equitable discretion; it does not follow from success on the merits as a matter of course." Winter v. Natural Res. Defense Council, Inc. , 555 U.S. 7, 32, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008) ; accord EEOC v. KarenKim, Inc. , 698 F.3d 92, 100 (2d Cir. 2012). "Once a violation of Title VII has been established, the district court has broad, albeit not unlimited, power to fashion the relief it believes appropriate." Bridgeport Guardians Inc. v. City of Bridgeport , 933 F.2d 1140, 1149 (2d Cir. 1991). "The bounds of the court's discretion are set by the purposes of Title VII, which are to prevent discrimination and achieve equal employment opportunity in the future[.]" Berkman v. City of New York , 705 F.2d 584, 594 (2d Cir. 1983).
In determining whether to award an injunction, the court considers "the balance of equities and consideration of the public interest." Winter , 555 U.S. at 32, 129 S.Ct. 365. The moving party must demonstrate that "there exists some cognizable danger of recurrent violation." United States v. W.T. Grant Co. , 345 U.S. 629, 633, 73 S.Ct. 894, 97 L.Ed. 1303 (1953). "Courts will grant injunctive relief against an employer when there is evidence of widespread and continuous retaliation or harassment that indicates that the threat of future bad acts is high." Lewis v. Am. Sugar Refining, Inc. , No. 14-cv-2302 (CRK), 2018 WL 4179053, at *3 (S.D.N.Y. Aug. 15, 2018) (citing Malarkey v. Texaco, Inc. , 983 F.2d 1204, 1215 (2d Cir. 1993) and KarenKim , 698 F.3d at 100-02 ). A court may grant injunctive relief even where a defendant has ceased the offending conduct upon consideration of "the bona fides of the [defendant's] expressed intent to comply" with the law, "the effectiveness of the discontinuance," and "the character of the past violations." W.T. Grant , 345 U.S. at 633, 73 S.Ct. 894. However, there must be "something more than the mere possibility [of recurrent violations] which serves to keep the case alive." Id.
B. Application
Plaintiffs seek permanent injunctions ordering that defendants: (1) refrain from future religious discrimination and harassment; (2) refrain from pressuring or requiring employees to participate in Onionhead, Harnessing Happiness, and the other practices previously deemed religious by the court; and (3) terminate their professional relationship with Denali Jordan ("Denali") and bar her from defendants' premises. (ECF No. 210-1, Memorandum of Law in Support of Plaintiffs' Motion for Injunctive and Equitable Relief and Entry of Judgment ("Pl. Mem. Relief & Damages") at 8.) Plaintiffs also seek a five-year injunction requiring defendants to: provide anti-discrimination and anti-harassment training to employees by an outside monitor or other entity approved by the EEOC; revise their anti-discrimination and equal employment opportunity ("EEO") policies; retain an outside monitor to ensure compliance and investigate complaints of religious discrimination and harassment; comply with reporting requirements to ensure ongoing compliance with the law; and provide their employees with notice of this action and its outcome. (Id. )
Defendants argue plaintiffs have not satisfied their burden and therefore injunctive relief is not warranted. (ECF No. 212, Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Injunctive and Equitable Relief and Entry of Judgment ("Def. Opp. Relief & Damages") at 9-33.) Specifically, defendants argue that injunctive relief is improper because plaintiffs cannot prove that defendants "intentionally created a hostile work environment" and that plaintiff-intervenor Pabon's discrimination claim alone cannot support injunctive relief. (Id. at 9.) They also argue there is no threat of a recurring violation. (Id. at 10-18.) Further, defendants contend that, even if plaintiffs can establish that injunctive relief is warranted, plaintiffs' requested relief is not narrowly tailored. (Id. at 18-33.)
The court grants in part and denies in part plaintiffs' request for injunctive relief, as discussed below.
1. Injunctive Relief is Warranted
a. Title VII Permits Injunctive Relief
As an initial matter, the court notes that defendants misconstrue Title VII. Without citing any case law, defendants contend that injunctive relief is only available where an employer intentionally discriminated against an employee, e.g., by intentionally creating a hostile work environment or intentionally discriminating against an employee. (ECF No. 212, Def. Opp. Relief & Damages at 9.) However, Title VII provides that a court may grant injunctive relief where an employer "intentionally engaged in [ ] an unlawful employment practice," 42 U.S.C. § 2000e-5(g), including in mixed motive cases where the employer "would have taken the same action in the absence of the impermissible motivating factor," 42 U.S.C. § 2000e-5(g)(2)(b) (citing 42 U.S.C. § 2000e-2(m) ). Thus, where, as here, a jury finds that the defendant employer violated Title VII by maintaining a hostile work environment, the court is permitted to award injunctive relief consistent with the purposes of Title VII. See Bridgeport Guardians , 933 F.2d at 1149 ("Once a violation of Title VII has been established, the district court has broad ... power to fashion the relief it believes appropriate."); see also Meegan v. City of Buffalo , No. 79-cv-467, 1980 WL 18660, at *6 (W.D.N.Y. July 24, 1980) ("[A] showing of intent to discriminate is not necessary under Title VII.") (collecting cases). Indeed, the Supreme Court has noted that courts have "not merely the power by the duty to render a decree which will so far as possible eliminate the discriminatory effects of the past as well as bar like discrimination in the future." Albermarle Paper Co. v. Moody , 422 U.S. 405, 418, 95 S.Ct. 2362, 45 L.Ed.2d 280 (1975) (citation and internal quotation marks omitted).
Similarly, defendants essentially argue that injunctive relief is inappropriate because the jury verdict did not state the specific legal theory on which the jury found defendants liable for maintaining a hostile work environment. (ECF No. 212, Def. Opp. Relief & Damages at 9.) Taking this argument to its logical conclusion would require the use of a special verdict or jury instructions charging only one theory of liability in order for the court to award injunctive relief. The court finds no support for defendants' position in Title VII or relevant case law. It is irrelevant for the purposes of awarding injunctive relief, therefore, that the jury instructions allowed the jury to find for plaintiffs on their hostile work environment claims on the basis that defendants intentionally committed, knew of, or should have known of the conduct giving rise to a hostile work environment and that the jury verdict did not specify which of those options applied to defendants. (See ECF No. 197, Final Jury Instructions at 28-33.) For example, in KarenKim , the jury found that the defendants were "liable for maintaining a 'sexually hostile work environment,' " but the jury verdict did not specify the exact basis for liability, i.e., whether KarenKim intentionally created, knew of, or should have known of the hostile work environment. KarenKim , 698 F.3d at 97, 100. (See also ECF No. 217-2, Verdict Sheet in EEOC, et al. v. KarenKim, Inc., et al. (N.D.N.Y., No. 08-cv-1019).) Nonetheless, the Second Circuit found that injunctive relief was appropriate to ensure that the defendant's former employee was "no longer in a position to sexually harass KarenKim employees." KarenKim , 698 F.3d at 100. Similarly, here, the jury found defendants liable for maintaining a hostile work environment, so the court may, in its discretion, award plaintiffs injunctive relief.
b. Likelihood of Recurring Title VII Violations
Plaintiffs have demonstrated a likelihood that Title VII violations will reoccur.
First, evidence at trial established that the nature of defendants' past conduct, which was widespread and longstanding, supports a finding that violations are likely to reoccur. See W.T. Grant , 345 U.S. at 633, 73 S.Ct. 894 (explaining that the court may consider, inter alia , "the character of past violations" when determining whether to award injunctive relief); Malarkey , 983 F.2d at 1215 (noting the relevance of whether past violations were "isolated" or "widespread"); United States v. Blue Ribbon Smoked Fish, Inc. , 179 F.Supp.2d 30, 50 (E.D.N.Y. 2001) ("The probability of future violations may be inferred from past unlawful conduct."), aff'd, 56 F. App'x 542 (2d Cir. 2003). The jury found defendants liable for Title VII violations in the form of maintaining a hostile work environment for over five years with respect to nine claimants and wrongfully terminating plaintiff-intervenor Pabon on the basis of religion. Defendants' attempt to minimize the nature of defendants' violations by focusing only on the jury's verdict as to plaintiff-intervenor Pabon is inappropriate, as discussed above, and inconsistent with the evidence. Similarly, defendants' attempt to persuade the court to ignore record evidence supporting the jury's findings regarding the hostile work environment claims simply because "there were no individual findings by the jury as it related to each allegation of what constituted a hostile work environment," is unpersuasive. (ECF No. 212, Def. Opp. Relief & Damages at 11.) The evidence in the record and the nature of the jury's award of damages underscore the severe nature of defendants' Title VII violations and the pervasiveness of the hostile work environment.
Defendants' highest-ranking officers and managers, including CEO Hodes, Chief Operating Officer ("COO") Tracy Bourandas, and Customer Service Manager April Levine, and other individuals with supervisory authority enforced and permitted Title VII violations - wrongful termination and hostile work environment - to occur. Denali, CEO Hodes' aunt, with whom he shared a "very close relationship," introduced, enforced, and oversaw various violative practices. (Trial Tr. at 2034.) Denali, one of the creators of Onionhead, was hired by CEO Hodes and COO Bourandas ostensibly as a "consultant." (See, e.g. , Trial Tr. at 1921-23, 2034-35, 2091.) Nonetheless, many claimants testified that they understood Denali's role as that of a "spiritual advisor," and COO Bourandas introduced Denali, as a "boss[ ]," whom the plaintiffs understood to exercise influence over hiring, discipline, and terminations. (Trial Tr. at 186, 191, 417, 687, 867, 1135-36, 1251-52, 1573, 1661; see also Trial Tr. at 654 ("I got the sense that as a condition of my employment, I needed to behave according to Denali's suggestions."), 1014 (Pabon explaining that she was "under the impression" that Denali was part of "management"); Jt. Ex. 15 (Denali writing in an email, "Where I feel the confusion started, aside from me using the word God so often, is that I was called a spiritual advisor.").)
CEO Hodes and COO Bourandas afforded Denali broad authority to design and implement programmatic and religiously suggestive décor changes as well as hold mandatory staff meetings, during which Onionhead and Harnessing Happiness principles were taught. (Trial Tr. 1923-26, 1931, 1937-38, 2095, 2100-01, 2153-55.) COO Bourandas approved and the company funded a weekend retreat represented to be a "spa weekend," which Denali and Customer Service Manager April Levine ran, and during which Denali conducted mandatory activities and meetings, including those of a religious nature. (Trial Tr. 1906, 2225; see, e.g. , Jt. Ex. 55, Spa Weekend Invite.) Claimants Diaz and Pabon attended the spa weekend. (Trial Tr. at 1686.) CEO Hodes allowed Denali to have input regarding personnel decisions, office assignments and décor, and company goals and priorities. (Trial Tr. 1970, 2095-2100.) Further, CEO Hodes approved Denali's salary, which totaled nearly one million dollars over five years. (See, e.g. , Trial Tr. 2092-93, 2100-01; Jt. Ex. 20, Wonderland Consulting Invoices; Jt. Ex. 227, Wonderland Consulting 1099 Form.) As a result, Denali wielded significant power over employees and the work environment.
Denali used her authority to implement numerous workplace practices that the court previously determined to be religious in nature, including changing the office décor to include buddhas, angels, Onionhead paraphernalia with religious references such as winged and haloed figures, and introducing the use of lamp lighting, incense, and candles; creating a meditation room that housed religious texts; requiring employees to utilize Onionhead materials, such as pins and Universal Truth Cards; sending spiritual emails to employees referring to creation, spirits, and demons; conducting spiritual meetings and prayer in the workplace, including employee prayer chains; discussing the presence of demons in the workplace; encouraging employees to kiss, hug, and express feelings of love to one another; and requesting employees to share information about their intimate partners and photographs of their children. (See, e.g. , Trial Tr. 200-01, 209, 221-22, 233, 236-37, 250-51, 352-53, 428-31, 610-13, 854-55, 892-98, 976, 989, 1136-38, 1154-56, 1158, 1218, 1462-64, 1476, 1540-41, 1921-24, 1949-51; Jt. Ex. 6, Keys and Codes to Living Good Workshop at 1; Jt. Ex. 184, January 19, 2011 Email from Denali (discussing buddha and Denali's spiritual experiences in email to employees); Jt. Ex. 185, Undated Email from Denali (including discussions between Hodes and Denali, with employees copied, regarding, among other things, "good and evil" and "the spirit"); Pl. Ex. 28, February 1, 2012 Email Forwarded by Levine; Jt. Ex. 34, December 31, 2011 Email from Denali ("For those of you who have children, can you please bring me a picture of them to hang on my office wall. Thanks love denali[.]"); Jt. Ex. 35, January 23, 2012 Email from Denali ("For those of you who have not done this. PLEASE PLEASE put the pictures of your children on my desk to hang on my wall. Thank you love denali[.]").) Denali also asked employees to "cleanse" the office and the home where she and CEO Hodes stayed when they visited New York from California in advance of their arrival by lighting candles, chanting, and praying in those spaces. (Trial Tr. 697-702.)
In addition to hiring and giving Denali authority within defendants' company, members of defendants' management team directly encouraged, contributed to, and engaged in the Title VII violations by participating in and authorizing the enforcement of religious practices in the workplace. For example, COO Bourandas admitted that she made the decision to introduce Onionhead and Harnessing Happiness, and related practices, and to authorize the creation of reading and meditation rooms. (Trial Tr. at 1951, 1953.) She also enforced employee participation in Onionhead activities, including ensuring that employees signed up for Onionhead workshops, conducting workshops herself, and distributing Onionhead materials to employees. (Trial Tr. at 231, 874, 1467-68, 1943.) Eventually, Bourandas became part of Onionhead's leadership, including serving as its President, CEO, and Executive Director at points, and including serving as CEO as recently as October 2017. (Trial Tr. at 2020-24.)
CEO Hodes, Denali's nephew, was aware that COO Bourandas and Denali were conducting Onionhead workshops in the office with employees; was aware that after Denali arrived the overhead lights were not being used and lamps, candles, and incense were being burned in the office; described employees, including claimant Honohan, as having "bad energy"; told claimant Ontaneda she had a "black cloud" over her head; and told employees that they were "chosen." (Trial Tr. 261-62, 456-57, 1489-92.) Hodes' actions echo those of Denali; for example, claimants Maldari and Pegullo testified that Denali discussed the presence of "bad energy" at defendants' office, and Ontaneda testified that Denali described defendants' employees as "chosen." (Trial Tr. at 423, 698, 1548; Jt. Ex. 184, January 19, 2011 from Denali (Denali describing employees as "chosen").) Customer Service Manager April Levine, who directly supervised many of the claimants, instructed employees to participate in Onionhead and other meetings with Denali and to read Denali's spiritual messages sent by email or other means. (Trial Tr. at 1251, 1259, 1946-47, 2265-66; Pl. Ex. 28, February 1, 2012 Email Forwarded by Levine (Levine instructing employees to read Denali's email, which writes, inter alia , "Friday, Feb.3rd, the [sic] planets are aligned in such a way that has only happened twice before in history....the dawning of Christ and the dawning of Islam. Friday will be big.").) Overall, the trial evidence demonstrates that defendants' highest-ranking officials, Bourandas and Hodes, as well as individuals with supervisory authority, Levine and Denali, were aware of and perpetuated practices that created, contributed to, and maintained a hostile work environment. Thus, the court finds that there is a likelihood that violations will reoccur.
These same individuals who created, contributed to, and maintained a hostile work environment are also responsible for Pabon's wrongful termination. Pabon testified that she was fired by Denali after refusing to participate in Onionhead-related activities at a company-sponsored spa weekend funded by defendants and run by Denali and Levine. (Trial Tr. at 1011-12, 1015-16; see also Jt. Ex. 182, Letter from Human Resources Director (stating Pabon's "employment was terminated for insubordination for her refusal to attend a meeting when her Supervisor requested her attendance"); ECF No. 207, Jury Verdict at 3; Trial Tr. 1906, 2225.) Pabon also testified that, in connection with Pabon's termination, Denali had called her "an evil person filled with demons." (Trial Tr. at 1015.) The ongoing participation in the creation and maintenance of the hostile work environment by defendants' CEO, COO, managers, and supervisors, and Denali's continued employment, along with defendants' failure to prevent or otherwise correct the hostile work environment and Pabon's wrongful termination, support the court's finding that there is a likelihood of recurring violations.
The length of time during which these practices persisted also support a finding that there is a likelihood of recurrence. Many of the practices described above spanned multiple years. For example, claimants Maldari and Diaz, whose dates of employment by defendants did not overlap and respectively spanned from October 2004 through May 14, 2008 and July 2010 through December 20, 2012, described being subjected to similar religious practices, including being preached at; being forced to work by lamp lighting because of demons allegedly coming out of the overhead light fixtures; being required to participate in meetings that were personal and spiritual in nature and where employees engaged in prayer; hearing employees described as angels; being moved to different offices to get rid of bad energy and demons; and being subjected to discussions of religion in the workplace. (Trial Tr. at 1219-20, 1462-64, 1469-73, 1476; see ECF No. 190-2 (providing dates of employment).)
Second, to date, defendants continue to employ and maintain professional relationships with individuals who were instrumental in implementing and encouraging practices that created, maintained, and contributed to a hostile work environment and Pabon's termination. As of the trial, defendants continued to employ CEO Hodes, COO Bourandas, and April Levine. (See Trial Tr. at 1732, 2033, 2122-23.) As described above, these individuals all perpetuated and enforced practices that contributed to a hostile work environment. Furthermore, Denali, who was by all accounts a driving force behind Onionhead and the related religious practices and who terminated Pabon, continues to provide "consulting services" to defendants and "all of [their] affiliated companies." (See Trial Tr. at 2034; see also ECF No. 183, Joint Stipulation to be Read to the Jury.)
Defendants make two arguments as to why Denali's presence should not be of concern, neither of which is persuasive. First, defendants contend that the nature of Denali's consulting services has changed. However, Denali's services remain broad, thereby allowing her to maintain significant influence over the workforce. As described by COO Bourandas, Denali's current services pertain to "customer relations (i.e., handling complaints and strategizing ways to retain customers)." (See ECF No. 214, Declaration of Tracy Bourandas in Support of Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Injunctive Relief and Entry of Judgment ("Bourandas Decl.") ¶ 5.) Providing services as to the general area of "customer relations" still enables Denali to consult on matters involving defendants' customer service representatives, even if Denali does not work directly with the representatives, and company organization and personnel - two areas with respect to which Denali previously assisted.
Second, defendants argue that Denali's continued engagement is irrelevant because she lives in California and is incapable of traveling due to health issues. (ECF No. 212, Def. Opp. Relief & Damages at 11.) However, during the entire time period relevant to plaintiffs' claims, Denali lived in California and only visited defendants' office for one-week periods every month or couple of months. (See, e.g. , Trial Tr. 1777-78, 2042, 2136.) Nonetheless, even while Denali was in California, she continued to communicate with employees over the phone and via email, and employees were expected to continue following her directives, including compliance with Onionhead and Harnessing Happiness practices. (See, e.g. , Trial Tr. at 430, 690, 697, 702-03, 1140, 1221-22, 1481.) Additionally, the CEO of the company has, since 2005 continued to live primarily in California and visit the office for about one week per month, and defendants do not represent that his remote working relationship impedes his authority and relationship with the company. (Trial Tr. 2041-42.) Thus, the fact that Denali is currently in California and purportedly unable to travel is not dispositive of her ability to influence defendants and their employees, especially given that she continues to maintain a professional relationship with defendants.
Defendants' lackluster anti-discrimination practices and policies also weigh in favor of finding a likelihood that violations will occur in the future. Even though defendants disseminated anti-discrimination policies to employees, dissemination of those policies was inconsistent and defendants never conducted employee trainings regarding those policies or advising employees about what they should do if they believed they were being discriminated against or harassed, or if they did not receive a response to their complaints. (Trial Tr. 175, 1173-74, 2016, 2351.) Moreover, versions of the employee handbook from 2007, 2011, and 2012 illustrate the obvious shortcomings of defendants' prior policies, such as requiring employees to report discrimination to their supervisors and failing to address harassment in the workplace. (See Jt. Ex. 53, 2007 Handbook at 8; Jt. Ex. 10, 2011 Handbook at 8; Jt. Ex. 11, 2012 Handbook at 7.) Defendants' strengthened and expanded anti-discrimination and anti-harassment policies, issued on the eve of trial, provide the court with only minimal comfort given that defendants have been aware of claimants' allegations of discrimination for years prior to trial. (See ECF No. 213-1, Declaration of Amy Traub in Support of Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Injunctive an Equitable Relief and Entry of Judgment ("Traub Decl."), Exhibit A ("Defendants' Dec. 2017 Handbook") at 9-12.)
Relatedly, Hodes and Bourandas were both made aware of employees' complaints and concerns regarding Denali and the practices she implemented, and they failed to take responsive or corrective action. For example, CEO Hodes admitted that he was aware that claimants and other employees had complaints and concerns regarding Denali, including allegations of religious discrimination, both directly from those individuals and plaintiff-intervenors' attorney, Anthony Mango, and from the EEOC. However, upon receiving complaints about Denali, which were not explicitly religious in nature, Hodes simply had a meeting where employees could air their grievances, and then he did not take any corrective action. (Trial Tr. at 2035-37.) Hodes and Bourandas again failed to take action in the wake of receiving letters from Mango and the EEOC on behalf of claimants raising issues pertaining to religious discrimination and hostile work environment. (Trial Tr. at 2090-91, 2101-02.)
COO Bourandas admitted that some claimants complained to her about certain practices implemented by Denali, including burning incense and the use of Onionhead materials, yet she allowed the complained-about practices to continue and continued to engage Denali's services and enforce Denali's authority and practices. (See, e.g. , Trial Tr. 1956-57, 1960, 1974; Pl. Ex. 92 (Letter from plaintiff-intervenors' attorney to Bourandas and Hodes); Jt. Ex. 1 (Pennisi EEOC Charge).) Although defendants argue that they took some remedial action, to the extent they did so, it was minimal and ineffective. For example, defendants argue that they created sign-up sheets for Onionhead workshops to clarify that they were voluntary not mandatory, but claimants testified that the workshops were voluntary only in name. (See, e.g. , Trial Tr. at 932 (Josey describing sign-up sheets as a "formality"), 1246 (Diaz explaining workshops were not voluntary even after sign-up sheets were introduced).)
Defendants' failure meaningfully to respond to prior complaints of religious discrimination weighs in favor of finding a likelihood of recurring violations, especially in light of defendants' continued professional relationship with and CEO Hodes' close familial relationship with Denali. See KarenKim , 698 F.3d at 101 ("Connors's past refusal to adequately respond to multiple complaints about Manwaring's conduct suggests that, so long as Manwaring remains in a romantic relationship with KarenKim's owner and highest officer, KarenKim will not take adequate remedial measures in response to any future harassment on the part of Manwaring.").
Similarly, defendants' continued refusal to accept responsibility or acknowledge wrongdoing, despite the jury verdict, further supports an inference that there is a likelihood of future violations. (See ECF No. 212, Def. Opp. Relief & Damages at 9 (minimizing defendants' liability for maintaining a hostile work environment), 10 (describing the jury verdict as "implicitly" finding a "alleged hostile work environment"); see also id. at 20 (arguing injunction against Denali unwarranted because "she did not believe she was imposing religion on employees" because "she did not believe that Onionhead or Harnessing Happiness was a religion").) See E.E.O.C. v. Exel, Inc. , No. 19-cv-3132 (SJC), 2014 WL 12538889, at *2 (N.D. Ga. Mar. 13, 2014) (including the defendant's failure to admit wrongdoing as support for finding that Title VII violation was likely to recur). Defendants' failure to take corrective action and to acknowledge their wrongdoing during and after violating Title VII, including after a jury verdict finding Title VII violations, supports a finding that defendants have failed to provide any evidence that the Title VII violations are unlikely to recur.
Finally, the parties dispute, and the record evidence is not entirely clear as to, what extent, if at all, any of the violative practices continue at defendants' office to date. Regardless of whether defendants have ceased the offending conduct, the court finds that in light of defendants' past violations, continued employment of Hodes, Bourandas, and Levine, and continued affiliation with Onionhead and Denali, injunctive relief is warranted. See W.T. Grant , 345 U.S. at 633, 73 S.Ct. 894 ; KarenKim , 698 F.3d at 100-01. (See ECF No. 214, Bourandas Decl. ¶¶ 4, 6 (explaining Onionhead items are no longer displayed in the office but are still located in an employee's office and a "locked warehouse" and noting that employees will receive Onionhead materials if they "specifically request" those materials).)
2. Scope of Permanent Injunctive Relief
Plaintiffs ask that the court order a permanent injunction ordering defendants to: (1) refrain from religious discrimination and harassment; (2) refrain from pressuring or requiring participation in activities deemed religious by the court; and (3) terminate their professional relationship with Denali Jordan. (ECF No. 210-1, Pl. Mem. Relief & Damages at 8.) Notwithstanding defendants' argument that a permanent injunction is not warranted here, defendants do not specifically object to plaintiffs' request that defendants' refrain from religious discrimination and harassment, and the parties have largely reached an agreement regarding the scope of the injunction as to defendants' imposition of practices deemed religious by the court. (ECF No. 212, Def. Opp. Relief & Damages at 19 n.7; ECF No, 210-1, Pl. Mem. Relief & Damages at 16 n.28; ECF No. 210-2, Proposed Order Granting Injunctive Relief ("Proposed Order") at ¶ 2.) Defendants object to plaintiffs' third request for permanent injunctive relief, regarding Denali, in its entirety. (See ECF No. 212, Def. Opp. Relief & Damages at 18-23.) The court addresses plaintiffs' specific requests below.
With respect to the first prong of plaintiffs' request for permanent injunctive relief, plaintiffs request an order stating: "Defendants and their managers, officers, agents, contractors, parent organizations, successors, purchasers, assigns, subsidiaries, affiliates, any corporation or entity into which defendants may merge or with which defendants may consolidate, and any persons or entities acting on defendants' behalf are hereby enjoined from (a) engaging in religious harassment, including without limitation by creating or maintaining a hostile work environment based on religion; and (b) subjecting employees to religious discrimination including disparate treatment based on their rejection of imposed religious practices in the workplace." (ECF No. 210-2, Proposed Order at ¶ 1.) Given the nature of the unlawful employment practices here, this language is appropriate and the court orders as much, with the modification to subsection (b): "subjecting employees to religious discrimination including, but not limited to, disparate treatment based on their rejection of imposed religious practices in the workplace."
Next, plaintiffs request an order enjoining defendants and their managers, officers, agents, contractors, parent organizations, successors, purchasers, assigns, subsidiaries, affiliates any corporation or entity into which defendants may merge or with which defendants may consolidate, and any persons or entities acting on defendants' behalf from
• Requiring or pressuring any employee to: read Onionhead or Harnessing Happiness texts, beliefs, concepts, and documents; attend Onionhead or Harnessing Happiness meetings and workshops; pray in the workplace; wear Onionhead pins; hug, kiss, hand-hold, or express love related to work; use Universal Truth Cards; use candles in the work place; chant in the workplace; read or respond to emails referencing God, spirituality, demons, Satan, divine destinies, the "Source," purity, blessings, miracles, "higher-guidance teachings," and a grail;
• Telling employees that they are "chosen" or that "God loves us all;" and
• Subjecting employees to any discussion related to angels or demons (which shall not apply to comments made in passing, like "she was like an angel" or "I had an angel on my shoulder").
(ECF No. 210-2, Proposed Order at ¶ 2.) The court grants this request for relief.
Plaintiffs request permanent injunctive relief regarding defendants' professional relationship with Denali. Specifically, they request that the court order the following:
Defendants and their managers, officers, agents, contractors, parent organizations, successors, purchasers, assigns, subsidiaries, affiliates, any corporation or entity into which Defendants may merge or with which Defendants may consolidate, and any persons or entities acting on Defendants' behalf are enjoined from: (a) employing, retaining, or compensating Denali Jordan as an employee, independent contractor, consultant, or in any other capacity; (b) permitting Denali Jordan to engage in any activities or provide any services to Defendants, whethefr paid or unpaid; and (c) permitting Denali Jordan to enter Defendants' building at 160 Eileen Way, Syosset, New York 11791, the surrounding premises, or any other building where defendants either regularly conduct business (hereinafter the "workplace").
(Id. ¶ 3.)
Defendants argue that this injunction is overbroad and insufficiently tailored to the violations at issue in this action. The court disagrees. Courts have found to be appropriate injunctions enjoining employers from employing individuals found liable for Title VII violations and from allowing such individuals to enter the employer's premises in circumstances analogous to those in the instant action. See, e.g., KarenKim , 698 F.3d at 101. For example, in KarenKim , the Second Circuit found that the district court abused its discretion in denying injunctive relief directed at ensuring that an individual sexual harasser who was employed by the defendant and in a romantic relationship with the defendant's owner and highest officer was "no longer in a position to sexually harass KarenKim employees." Id. at 100. Unlike here, in KarenKim the defendant had already fired that individual; nonetheless, the Second Circuit found that insufficient to prevent further harassment given that his romantic relationship with defendant's owner "was the primary reason why [the harasser's] conduct went unchecked for years," and "render[ed] it likely that that he will remain a presence at [the defendant's] store" absent the injunction. Id. at 101. Similarly, here, the court finds that Denali's close familial relationship with CEO Hodes enabled Denali to commit Title VII violations that went unchecked, and would continue to enable violations. The fact that defendants have not terminated Denali despite her central role in the violations underscores the extent to which defendants are shortsighted with respect to Denali and her role in the company's Title VII violations.
In KarenKim , after the Second Circuit remanded the action, the district court enjoined the defendant from hiring the harasser and enjoined the harasser, Manwaring, from entering the defendant's premises. (See ECF No. 210-4, KarenKim Injunction at 4-5, 8-9.) Defendants' attempt to analogize Denali's "consulting" services to Manwaring's ability to continue selling produce to the defendant company is unpersuasive. Manwaring verbally and physically sexually harassed multiple of KarenKim's employees. KarenKim , 698 F.3d at 94-95. Thus, banning him from the premises and from future employment was sufficient to prevent future harassment of the kind he previously committed; selling produce to the company without entering the premises obviates the possibility that he would interact with the defendant's employees in a capacity that would enable further harassment.
In the instant action, the violative behavior is not so neatly confined. Denali's actions that contributed to defendants' Title VII violations came directly from her and through other of defendants' employees, occurred in person, telephonically, and over email, and impacted the nature of the work and activities in which defendants' employees participated. Therefore, cabining Denali's professional relationship with defendants to certain tasks or business areas would not assure that court she was sufficiently disabled in her ability to commit violations similar to those which she previously committed. For the above stated reasons and in the manner proposed by plaintiffs, the court grants plaintiffs' request to enjoin defendants from maintaining a professional relationship with Denali.
3. Term-Limited Injunctive Relief
In addition to requesting a permanent injunction, plaintiffs request that the court order defendants to: provide antidiscrimination training to employees; revise their anti-discrimination policies; retain an outside monitor; comply with reporting requirements to ensure ongoing compliance with the law; and provide notice to employees regarding this action and its outcome. (ECF No. 210-1, Pl. Mem. Relief & Damages at 8; ECF No. 210-2, Proposed Order ¶¶ 4-28; ECF No. 217, Pl. Reply Relief & Damages at 6-10.) For the reasons discussed below, the court grants in part and denies in part plaintiffs' request.
a. Remedial Term
Plaintiffs request that any injunctive relief described above be ordered for five years. (ECF No. 210-1, Pl. Mem. Relief & Damages at 21-22.) Defendants argue that, to the extent the court grants an injunction, a five-year term is overbroad. (ECF No. 212, Def. Opp. Relief & Damages at 33.) The court disagrees. Although the jury found that defendants maintained a hostile work environment that spanned five years, and approximately six years have passed since the last documented violation, as plaintiffs note, there is no way of knowing if the discriminatory practices have ceased. Consequently, the court finds that a five-year term is appropriate. The injunctive relief provided for below is subject to a five-year term.
b. Outside Monitor
Plaintiffs request that the court appoint an outside monitor whose duties would consist of antidiscrimination and antiharassment training, complaint processing, reviewing employee terminations and separations for evidence of religious discrimination, monitoring compliance with the court's order, and drafting semi-annual reports summarizing compliance. (ECF No. 210-2, Proposed Order ¶¶ 4-11; ECF No. 210-2, Proposed Order ¶¶ 6-8, 26-28.) Defendants object to the appointment of an outside monitor in general and, if the court finds the reporting requirements assigned to plaintiffs' proposed outside monitor are necessary, defendants argue that a new human resources director and/or defense counsel, BakerHostetler, specifically Amy Traub, can perform those tasks. (ECF No. 212, Def. Opp. Relief & Damages at 23.)
The court finds that an outside monitor is appropriate. It is within the court's power to appoint a third-party monitor to oversee an injunction where, as here, there has been a finding of Title VII violations. See United States v. City of New York , 717 F.3d 72, 97 (2d Cir. 2013). Despite BakerHostetler's qualifications, it would be inappropriate for BakerHostetler to perform compliance and reporting functions, further detailed below, in light of BakerHostetler's longstanding and present role as counsel for defendants in this action and risk of conflicts with its clients. (See ECF entry dated November 11, 2014 (ordering stipulation substituting BakerHostetler, and, specifically, Amy Traub, as counsel for defendants).) Further, the court finds that defendants' suggestion of hiring a new director of human resources, who has not previously worked for defendants is insufficient given that upper management has remained the same since the Title VII violations transpired and will have ongoing influence and authority over the Human Resources Director. Therefore, the court grants plaintiffs' request to appoint an outside monitor.
c. Antidiscrimination Policies
Plaintiffs request that the court order defendants to revise their EEO policies with respect to religious discrimination and harassment. (ECF No. 210-2, Proposed Order ¶¶ 12-18.) Defendants argue that their current policy, established on December 14, 2017, is "robust" and plaintiffs' proposed revisions are overbroad and unnecessary. (ECF No. 212, Def. Opp. Relief & Damages at 29-33.) Of plaintiffs' requested revisions, defendants specifically object to the following: (a) including a detailed explanation of religious discrimination with examples from the instant action; (b) including a definition of hostile work environment and examples thereof; (c) including an anonymous vehicle for employee complaints; (d) including the EEOC's contact information; (e) rewriting the complaint procedure to identify numerous avenues for making complaints, such as bypassing supervisors, and explaining that complaints may be formal or informal; and (f) striking the portion of defendants' current EEO policy titled "False Accusation and Information." (Id. )
As a general matter, the court finds defendants' argument that there is no "evidence in the record that indicates Defendants' policies were not sufficient to put employees on notice that discrimination and harassment were prohibited" or that employees were not given an avenue to report complaints regarding discrimination and harassment to be unpersuasive and inconsistent with the record. (See ECF No. 212, Def. Opp. Relief & Damages at 30.) Defendants' employee handbooks from 2007, 2011, and 2012 do not discuss workplace harassment in any form nor do they provide a clear and effective avenue for reporting discrimination, even though they note that employees may do so. (See Jt. Ex. 10, Defendants' 2011 Employee Handbook at 8; Jt. Ex. 11, Defendants' 2012 Employee Handbook at 7; Jt. Ex. 53, Defendants' 2007 Employee Handbook at 8.)
Trial testimony also illustrates the shortcomings of defendants' policies. At trial, claimant Safara testified that she was not aware whether an anti-discrimination policy existed at defendants' company, even though one did in fact exist at the time. (Trial Tr. at 1173-74; Jt. Ex. 53, 2007 Handbook.) Similarly, Denali testified that she had never read the employee handbook and was not aware of any workplace policies or practices regarding religious discrimination or harassment. (Trial Tr. at 2351.) Claimant Benedict testified that although she was aware that a complaint procedure existed for reporting complaints, she "felt like it would be futile" to report. (Trial Tr. at 677.)
The court finds reliable testimony that defendants inconsistently distributed the employee handbooks. Testimony from Denali, Ontaneda, and Safara demonstrates defendants' failure to distribute handbooks. (Trial Tr. 175, 1173-74, 2351.) Additionally, COO Bourandas testified that there was a practice in which employees signed and returned an acknowledgment form upon receipt of an employee handbook, but she herself noted that defendants "weren't [ ] diligent in getting people to sign it and [ ] give it back." (Trial Tr. at 1753.)
Defendants also argue that claimants' lack of complaints regarding defendants' policies demonstrate that the policies do not need revision. (ECF No. 212, Def. Opp. Relief & Damages at 30.) Not only is this argument unpersuasive and illogical, but it misses the point - what is relevant is that, to the extent defendants even had relevant policies, their employees were unaware of it and/or felt uncomfortable utilizing those policies.
Having found defendants' general objections to revising their EEO policies unpersuasive, the court addresses defendants' specific objections in turn. First, given the unique nature of the religious discrimination at issue in this action, the court finds it appropriate that defendants be required to include examples of religious discrimination from this action in their EEO policies. This is especially important given that the specific type of religious discrimination at issue in this action - reverse religious discrimination - is not addressed by defendants' current policies.
For similar reasons, the court finds it appropriate that defendants include in their EEO policies a definition of hostile work environment, including, but not limited to, hostile work environment based on religion, which includes examples from this action. Defendants' unsupported argument that a definition of hostile work environment might chill employee complaints is entirely unpersuasive, especially when combined with the other changes required by the Injunctive Order described herein. (See ECF No. 212, Def. Opp. Relief & Damages at 31 ("A definition of a hostile work environment may actually give an employee the impression that he or she is not permitted to report one-off comments but instead must wait until the harassment is sufficiently severe or pervasive.").) Moreover, defendants' current harassment policy merely references religion-based harassment, a reference which is further minimized by the handbook's detailed discussion of sexual harassment. (ECF No. 213-1, Defendants' Dec. 2017 Handbook at 9-10.) Thus, the court finds it appropriate to order defendants to revise their anti-harassment and anti-discrimination policies to address more directly the violations uncovered by this action.
Defendants argue that plaintiffs' request for an "anonymous vehicle" for complaints is overbroad and "almost impossible" due to the small size of the company. (ECF No. 212, Def. Opp. Relief & Damages at 32.) The small size of defendants' company, which was no more than 20 employees between 2007 and 2012 does not obviate the need for an anonymous reporting system. (See ECF No. 145, Joint Amended Pre-Trial Order ¶ 23; Trial Tr. at 1678.) If anything, the intimate nature of defendants' workplace, which has historically included family members and close friends, weighs in favor of providing an anonymous reporting vehicle. Although it may require innovative measures to implement an effective procedure, that is not reason enough to deny plaintiffs' request. Thus, the court grants plaintiffs' request that defendants revise their anti-discrimination policy to include a procedure for filing complaints anonymously that will be subject to the EEOC's approval.
Defendants' objection to including contact information for the EEOC in its antidiscrimination policy is also unpersuasive. They argue that the contact information is unnecessary because "employees were well aware that an EEOC investigation was ongoing, and even received letters from the EEOC regarding the claims, still they did not find it necessary to report any harassment or discrimination to the EEOC." (ECF No. 212, Def. Opp. Relief & Damages at 32 (citation omitted).) However, the letter to which defendants cite was addressed to Sandra Benedict, who subsequently became a claimant in this action, demonstrating the very utility of providing employees with information about and how to contact the EEOC. Therefore, the court grants plaintiffs' request that defendants include the EEOC's contact information in their EEO policies.
Plaintiffs seek a revision to defendants' EEO policies to include "a clearly-defined complaint process that provides a number of accessible avenues by which complaints can be made, makes clear that employees may bypass their immediate supervisors and speak to the Outside Monitor (in the case of religious harassment or discrimination), human resources personnel, or other managers, supervisors, and executives outside the employee's chain of command, and assures that Defendants will accept any and all complaints from employees who wish to file complaints, whether formally or informally." (ECF No. 210-2, Proposed Order ¶ 16(a).) Defendants contend that their current policy, issued on December 14, 2017, satisfies these requirements. (ECF No. 212, Def. Opp. Relief & Damages at 31-32.) The court agrees that defendants' revised policy complies with plaintiffs' request, and therefore plaintiffs' request is denied, except to the extent that defendants shall amend Section 3.3 of their employee handbook to clarify and add that employees may make complaints concerning conduct on the part of supervisors, managers, contractors, and third party consultants, and that complaints regarding religious or other discrimination or harassment may also be raised with the Outside Monitor. (See ECF No. 213-1, Defendants' Dec. 2017 Handbook 10-11.)
Finally, plaintiffs object to a subsection of the section on reporting discrimination in defendants' handbook titled "False Accusations and Information," which provides:
The Company recognizes that false accusations under this policy and the providing of false information in an investigation can have a serious effect on innocent persons. Thus, while the Company encourages the reporting of unwelcome conduct perceived to be a violation of this policy, if the Company determines that a person has intentionally provided false information in making a complaint or in an investigation under this policy, the Company will take appropriate corrective action, up to and including termination of employment.
(Id. at 11.) Plaintiffs argue that this subsection will have a chilling effect on employees and, therefore, should be removed. (ECF No. 210-1, Pl. Mem. Relief & Damages at 17.) The court agrees. Even though the policy provides that corrective action will only be taken if a person "intentionally" provides false information, it is unclear who determines what information or accusations are considered "false" or intentional, and therefore allows, among other things, that the very person who was accused may have the authority to determine the veracity of the complaint. This scenario is especially problematic given the facts of the instant action, which involve upper management creating, maintaining, or contributing to Title VII violations which upper management adamantly denied occurred, in part because of the unusual nature of the religious discrimination at hand. Therefore, the court grants plaintiffs' request that defendants be ordered to remove the subsection titled "False Accusations and Information" from their employee handbook.
d. Antidiscrimination Training
Plaintiffs request that the court order defendants to conduct certain religious discrimination and harassment training. Specifically, plaintiffs request that for the term of this injunction:
• All trainings will be conducted at defendants' expense by the Outside Monitor or another third-party approved by the EEOC.
• Within thirty (30) days of this order and annually thereafter, defendants will provide all supervisory, management, and human resources personnel (including Tracy Bourandas, Robert Hodes, April Levine, and Sharon Ali) at least four (4) hours of live training on the following subjects: the rights of employees and the obligations of employees under Title VII and the NYSHRL, with a detailed explanation of discrimination, including religious discrimination, religious harassment, hostile work environments based on religion, and defendants' obligation to address discriminatory and harassing conduct on the part of alleged third-parties and consultants; the contents of defendants' anti-discrimination policy, as revised (see below); the procedure for investigating and responding to employee complaints, and engaging in corrective action in a competent and legally-appropriate manner; the right of employees to engage in protected activity free of retaliation or reprisal; and the content and requirements of the court's order for injunctive relief. Defendants will provide training to all new employees within thirty (30) days of their hire or promotion, and annually thereafter.
• Within thirty (30) days of this order and annually thereafter, defendants will provide all non-management and non-supervisory employees (including consultants and independent contractors) at least two (2) hours of live training on the following subjects: the rights of employees and obligations of employers under Title VII and the NYSHRL generally and with a detailed explanation of religious discrimination, religious harassment, hostile work environments based on religion, and defendants' obligation to address discriminatory and harassing conduct on the part of alleged third-parties and consultants; the contents of defendants' anti-discrimination policy, as revised; the procedure for making internal complaints of discrimination and harassment; the procedure for making external complaints, including to the EEOC and state and local agencies;
the right of employees to engage in protected activity free of retaliation or reprisal; and the content and requirements of the court's injunctive order.
• Defendants must provide the EEOC with proposed written materials and a training outline for approval within fourteen (14) days of the first training session and confirm that the EEOC-approved training was provided, and every training session thereafter if any changes are made to the materials or the outline. If the EEOC disapproves of the proposed training materials, the EEOC will work with the Outside Monitor to produce suitable training materials.
• Defendants must maintain attendance sheets identifying each person who attended each training session, and must forward a copy of the attendance sheets to the EEOC within fourteen (14) days of each training session.
(ECF No. 210-2, Proposed Order ¶¶ 19-23.)
Defendants contend that, to the extent the court issues injunctive relief, they "would agree to conduct anti-harassment training based upon religion for its managers" and "non-managerial employees," but that plaintiffs' request is otherwise overbroad. (ECF No. 212, Def. Opp. Relief & Damages at 25-27.) Specifically, defendants argue that plaintiffs' request is too broad because it seeks training regarding employees' rights under Title VII and the NYSHRL, but this action only involved violations regarding religion. (ECF No. 212, Def. Opp. Relief & Damages at 25-26.) The court is troubled by the fact that defendants have never provided any anti-discrimination training to their employees and disagrees with defendants insofar as defendants seek to limit court-ordered training to religious discrimination and harassment. The training must advise employees of the protected classes (race, sex, national origin, color, religion, and sexual preference) under Title VII and the NYSHRL. See EEOC v. DCP Midstream , 608 F.Supp.2d 107, 113 (D. Me. 2009) (limiting training requirement to illegal employment practice (retaliation) found by the jury but not to protected class (race) on which violation was based). Thus, the court grants plaintiffs' request that defendants be required to provide trainings to employees on employees' rights under Title VII and the NYSHRL.
Defendants also argue that four hours of training is too long for managerial employees and two hours of training is too long for non-managerial employees; instead, defen