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LEIBOVITZ v. NEW YORK CITY TRANSIT AUTHORITY

Nos. 325, 326, Dockets 98-7757, 99-7313.

252 F.3d 179 (2001)

Diane LEIBOVITZ, Plaintiff-Appellee, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant-Appellant, Joseph Hoffman and Monroe Easter, Defendants.

United States Court of Appeals, Second Circuit.

Decided: June 6, 2001.

Attorney(s) appearing for the Case

Merrick T. Rossein, Steel, Bellman, Ritz & Clark, New York, NY, for Plaintiff-Appellee.

Barbara C. Neale, New York, N.Y. (Martin B. Schnabel, Vice President and General Counsel, Ira J. Lipton, New York City Transit Authority, on the brief), for Defendant-Appellant.

Herbert Eisenberg, Davis & Eisenberg, New York, N.Y. (Samuel R. Bagenstos, Paula A. Brantner, on the brief), for Amicus Curiae the National Employment Lawyers Association.

Ann Elizabeth Reesman, McGuiness & Williams, Washington, DC, for Amicus Curiae The Equal Employment Advisory Council.

Before: McLAUGHLIN, JACOBS and SACK, Circuit Judges.

JACOBS, Circuit Judge:

The New York City Transit Authority (the "Transit Authority") appeals from the judgment of the United States District Court for the Eastern District of New York (Weinstein, J.), after a jury trial, imposing $60,000 in damages for sexual harassment under Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U.S.C. § 2000e et seq. Plaintiff Diane Leibovitz prevailed on the theory that Title VII afforded her a remedy because...

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