A panel of judges in a New York state appeals court has affirmed the dismissal of a lawsuit brought by a former NBA employee against University of Connecticut women’s basketball coach Geno Auriemma.
Plaintiff Kelley Hardwick, the league’s former director of security, alleged that Auriemma had followed, grabbed and tried to kiss her in Russia in 2009 during a basketball tournament there.
Hardwick alleged specifically that Auriemma “stalked, assaulted and battered” her “by following her to her room, grabbing her about the arm and attempting to forcibly kiss her on the mouth.”
The plaintiff claimed that she “reported the incident to her colleagues and superiors, but remained willing to continue her travel assignment with the USAB Women’s Senior National Team, a prestigious position she coveted, enjoyed, and took great pride in.”
Auriemma had other ideas, according to Hardwick. He “continued to act vindictively towards her on subsequent USAB trips and ultimately undertook to deprive her USAB duties by demanding that the NBA relieve her of her USAB travel assignment, including her duties overseeing security for the Women’s National Basketball Team at 2012 Olympic Games in London.”
The plaintiff went to allege that other officials and the league, “acting on concert with Auriemma,” enforced the coach’s directive, even in the face of allegations.
Hardwick would ultimately sue Auriemma, the officials and the NBA, though the instant opinion only addresses the claims against Auriemma.
Early on, the panel revisited the trail court’s decision in April of 2013, finding that New York was the wrong venue for the complaint since New York’s human rights laws do not apply to discriminatory acts committed outside the city and state. That court noted that Auriemma lives in Connecticut, USAB is an Illinois corporation based in Colorado and the alleged incident occurred overseas.
The panel of appellate judges agreed.
“The state and city Human Rights Laws do not apply to acts of discrimination against New York residents committed outside their respective boundaries by foreign defendants,” the panel wrote.
“(Hardwick) contends that the decision to reassign her and later reduce her responsibilities took place within the city boundaries and therefore, her place of employment is where the impact of the alleged discriminatory acts occurred.
“However, it is the place where the impact of the … conduct is felt that controls.”
The panel continued: “Even if the decision to modify her assignment was made within the city’s boundaries, the discriminatory acts alleged did not occur within the city or state of New York, but in London where she claims she was relegated to inferior tasks not commensurate with her usual assignments.”
Randolph McLaughlin of Newman Ferrara LLP, who represents Hardwick in the case, said that the plaintiffs planned to appeal the ruling to the New York Court of Appeals.
“This case is so important, not just to Ms. Hardwick, but to other victims of discrimination who work in New York City and travel outside of New York for their jobs,” McLaughlin told Law360 on Wednesday. “Under this decision, women and minority members can be discriminated against as long as they’re not in New York City, and we think that’s flat out wrong.”
Kelley Hardwick v. Geno Auriemma et al.; Sup. Ct. N.Y., App. Div., 1st Dept.; case number 11414; 4/8/14
Attorneys of Record: (for plaintiff) Randolph McLaughlin of Newman Ferrara LLP. (for defendant Auriemma) Cheryl F. Korman of Rivkin Radler LLP. (for U.S.A. Basketball) Vincent Alfieri and Steve Smith of Bryan Cave LLP.
