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Wilson v. Corestaff Services LP

900 N.Y.S.2d 639 (2010)

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Wilson v. Corestaff Services LP

New York Supreme Court

900 N.Y.S.2d 639 (2010)

Facts

Corestaff Services, LP (the agency) (defendant), a temporary-employment agency, placed Cynette Wilson (plaintiff) as a temporary employee at an investment banking firm. A banking-firm employee faxed an offensive nude photograph to Wilson’s workstation. Wilson reported the incident to the banking firm and to the agency. The agency manager told another employee, Ronald Armstrong, not to place Wilson in temporary assignments because she complained about sexual harassment. Wilson brought suit against the agency and the manager for retaliation under the New York City and State Human Rights Law. Wilson indicated her intention to offer expert testimony showing that a functional-magnetic-resonance-imaging (fMRI) scan (i.e., a type of lie-detector test) proved that Armstrong was telling the truth about the manager’s retaliatory statement. The credibility of Armstrong’s testimony was crucial to Wilson’s case because Armstrong was the only witness who was able to testify about the manager’s retaliatory statement. The agency and the manager filed a motion in limine to exclude the testimony offered by Wilson’s expert witness concerning Armstrong’s fMRI scan results.

Rule of Law

Issue

Holding and Reasoning (Miller, J.)

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