Judge Orders Dr. Ayman Attia and New York Internal Medicine, P.C. to Pay more than $55,000 for Sexual Harassment

BACKGROUND

In 2013, a female employee was hired as a receptionist and administrative assistant at New York Internal Medicine, operated by Dr. Ayman Attia. She alleged that Dr. Attia made comments about her body and touched her while she was at work. She felt she couldn't "function," because Dr. Attia was "harassing [her] to death.” The emotional strain of the situation kept her awake at night. During this difficult time, she reached out to Employment Attorney Raymond Nardo for legal assistance.

Unfortunately, some employees who are sexually harassed feel they have nowhere to turn. If you are experiencing sexual harassment at your workplace, be sure to seek legal assistance. Attorney Nardo has extensive experience and has obtained millions of dollars in settlements for his clients. He can guide you through the legal process and defend your rights.

THE CASE

Employment Attorney Raymond Nardo filed a charge of sexual harassment against Dr. Ayman Attia and New York Internal Medicine.  Attorney Nardo presented the claim of sexual harassment before the New York State Division of Human Rights (NYSDHR), which found that “probable cause existed to believe that” New York Internal Medicine and Dr. Ayman Attia engaged in sexual harassment and discrimination.  Attorney Nardo then gathered witnesses and exhibits to demonstrate that Dr. Attia had engaged in sexual harassment and created a sexually hostile work environment to the detriment of his female employee. This evidence was presented as the hearing.

Over the span of two days in 2019, July 15 and July 16, an administrative hearing took place before an Administrative Law Judge (ALJ). The Complainant (the female employee)  and Dr. Ayman Attia testified.

Ample supporting evidence came to light. The witnesses testified as follows:         

• An employee said Dr. Attia repeatedly hugged [her], and that Dr. Attia “let his hands scroll down [her] back so he could feel [her] butt. This happened so many times.”
• Another employee saw Dr. Ayman Attia hug her “real tight and she turned red and uncomfortable.”
• An employee testified that Dr. Attia “joked about adding a stripper pole in the basement” and asked if an interviewee was “pretty enough for the practice.” 
• Cell phone evidence showed that Dr. Attia sent her texts stating, “I appreciate you … a lot and will do the best I can to make you happy” and Dr. Attia referred to her as “my wife” and asked “are you cheating on me?” 

THE ALJ'S RULING

The ALJ ruled that the employee “has shown that she was subjected to sexual harassment based upon a hostile work environment. Dr. Ayman Attia subjected her to unwelcome hugs and physically touched her repeatedly.”  He also found that Dr. Attia “hugged, grabbed, and touched Complainant” and “made offensive comments and sent offensive texts,” and that “Attia’s behavior was witnessed by [the] Complainant’s co-worker,” and “[s]uch behavior is objectively offensive and had the effect of altering [the] Complainant’s work environment.”

The ALJ ruled that Dr. Attia had sexually harassed a female employee and ordered Dr. Ayman Attia and New York Internal Medicine, PC of 28-10 Steinway Street, Queens, NY 11103 and 17-52 Francis Lewis Boulevard, Whitestone, NY 11357, to pay damages to the employee, her attorney, and the NYSDHR.

After Dr. Attia filed written objections, the Commissioner of the NYSDHR issued a Notice and Final Order requiring them to pay more than $55,000: $20,000 to the Complainant “for her mental anguish,” and $15,620 in counsel fees and costs to Employment Attorney Raymond Nardo. In addition, the ALJ also ordered a civil fine of $20,000 to be paid to the NYSDHR. These findings were later upheld by the Commissioner of the New York State Division of Human Rights.

The case against Dr. Attia, and the supporting evidence, is more fully described HERE.

If you have a claim before the New York State Division of Human Rights, contact Employment Attorney Raymond Nardo for a consultation.