Whitten v. Cross Garage Corp.

2003 WL 21744088 (2003)

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Whitten v. Cross Garage Corp.

United States District Court for the Southern District of New York
2003 WL 21744088 (2003)

  • Written by Arlyn Katen, JD

Facts

Julius Whitten (plaintiff) worked as a parking attendant at one garage for about 28 years. When Cross Garage Corporation (Cross Garage) (defendant) took over management of the garage in 1995, its owner, Joseph Vassallo (defendant) claimed that he would fire, force the retirement of, or transfer Whitten and Whitten’s two coworkers. All three employees were Black union members over age 50. The other two employees retired. Throughout the following four years, Vassallo subjected Whitten to daily verbal abuse in front of customers and employees, including racial slurs. In 1997, Vassallo converted the employees’ locker room and toilet into Vassallo’s private office, forcing Whitten and his coworkers to use the garage’s drains as urinals and throw feces in garbage cans. Whitten eventually took a second job at another garage. Ultimately, Vassallo fired Whitten in 1999, calling Whitten a racial slur. Whitten sued Cross Garage and Vassallo, raising claims under Title VII of the Civil Rights Act of 1964, among other claims. A default judgment was entered against Cross Garage and Vassallo, and the district court held an inquest hearing to assess Whitten’s potential damages.

Rule of Law

Issue

Holding and Reasoning (Maas, J.)

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