Pavloska v. IHMS, LLC

Background

Ana Pavloska, represented by counsel, brought an employment discrimination and retaliation action against IHMS, LLC, doing business as The Pierre Hotel. The claims identified in the opinion arise under Title VII of the Civil Rights Act, the New York State Human Rights Law, the New York City Human Rights Law, New York Labor Law § 740, and state common law claims for sexual assault, assault, and battery.

Pavloska alleged that she was sexually harassed and abused, primarily by the hotel’s Head of Security. She also alleged that she witnessed the Head of Security trespass in private apartments and that the Housekeeping Supervisor sent unsolicited nude photographs to a guest. According to Pavloska, she complained to executives and managers, but IHMS retaliated by placing her on leave and ultimately constructively discharging her. IHMS asserted that it placed her on leave because co-workers complained about her criticism of their attire and behavior. Pavloska disputed that explanation and said managers had instructed her to monitor employees’ attire and conduct because of concerns about the hotel’s Forbes rating.

Discovery Disputes

Pavloska asked the court to require production of documents concerning:

- sexual-harassment complaints made to IHMS from January 1, 2020, through September 2024; - Forbes’s 2023 and 2024 reviews and ratings of the Pierre; - IHMS policies and procedures for employee complaints, including complaints other than harassment and retaliation complaints; and - contracts and agreements concerning IHMS’s role in managing the cooperative apartments in the Pierre’s building.

She also asked the court to set an April 18, 2025 production deadline for documents IHMS had agreed to produce and a May 2 deadline for a privilege log. The agreed-to materials included electronic documents found through agreed search terms, payroll and tax documents, records concerning Pavloska’s leave, personnel-file materials for the Head of Security and Housekeeping Supervisor, records of Pavloska’s complaints, organizational-structure documents, financial information, anti-discrimination and harassment materials, document-retention information, hiring records, and dress-code policies.

Ruling

The court did not state that it granted or denied Pavloska’s requests for production. Instead, Judge John P. Cronan ordered counsel for both parties to appear by telephone on April 7, 2025, at 11:00 a.m. to discuss the outstanding discovery disputes. The court also directed the Clerk to close Docket Number 32.