Christina Santi, a Black woman, brings this action against her former employer, a media
company named Hot in Here, Inc. (“VladTV”), and two of its executives, Vlad Lyubovny and
Lataya Edwards, alleging various federal and state employment law violations. Santi moves for
leave to file a third amended complaint. For the reasons set forth below. Santi’s motion is
GRANTED.
I. Background
Hot in Here, Inc., owns VladTV.com, a hip-hop and popular culture website. Doc. 39, 5.Lyubovny, VladTV’s Chief Executive Officer, and Edwards, its Director of Human Resources, are married. Id. at 4. VladTV employed Santi from October 2011 until February 2018. Id. at 2–3.
Throughout this period, Santi worked approximately 50 hours a week. Id. at 5. She alleges that she did not receive payment for a brief training period at the beginning of her employment, but that her pay gradually increased from $150 per week in November 2011 to $750 per week in June 2015. Id.
In July 2015, she became a salaried employee, and her salary rose from $60,000 per year in July 2015 to $63,000 per year in March 2017. Id. at 5–6. With a few exceptions, she claims that she did not receive overtime compensation. Id. at 5. Santi alleges that she was constructively discharged on February 21, 2018. Id. at 15.
From 2011 to 2015, Santi, under the direction of a supervisor, performed research, generated content and distributed a newsletter for VladTV. Id. at 5. From 2015 until her termination, Santi, pursuant to Lyubovny’s instructions, shared VladTV’s content on different social media platforms. Id. at 6.
Santi alleges that during her employment Defendants made racially and sexually inappropriate comments to her. For example, on one occasion, Lyubovny asked Santi whether
she found an office chair uncomfortable and, after Santi told him that the chair did not fit
someone of her size, he allegedly responded by saying, “You should get ass shots, or whatever it
is women are putting into their behinds these days.” Id. at 7.
In another instance, Lyubovny told Santi, “As a woman, your only purpose in life is to have children.” Id. at 13. Santi does not provide any context for this second comment. Additionally, Lyobovny purportedly directed Santi to post stereotypical representations of Black people on VladTV on numerous occasions, despite the fact that the content made her uncomfortable. Id. at 8. When Santi complained to Edwards, she said, “the content on the website was not ‘for’ her, so she should not be offended by it.” Id. at 8.
Lyubovny made similar comments. Id.
Santi also alleges that Defendants treated her differently than a male colleague by giving
the male colleague credit for Santi’s work and by overlooking his shortcomings, such as his
tardiness and his refusal to complete assigned tasks, while at the same time reprimanding Santi
for not answering messages over the weekend. Id. at 7–8.
When Santi confronted Lyubovny about these comments and treatment, he told her,
“racism isn’t as bad anymore,” “interracial marriage is legal,” “Black people aren’t slaves
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company named Hot in Here, Inc. (“VladTV”), and two of its executives, Vlad Lyubovny and
Lataya Edwards, alleging various federal and state employment law violations. Santi moves for
leave to file a third amended complaint. For the reasons set forth below. Santi’s motion is
GRANTED.
I. Background
Hot in Here, Inc., owns VladTV.com, a hip-hop and popular culture website. Doc. 39, 5.Lyubovny, VladTV’s Chief Executive Officer, and Edwards, its Director of Human Resources, are married. Id. at 4. VladTV employed Santi from October 2011 until February 2018. Id. at 2–3.
Throughout this period, Santi worked approximately 50 hours a week. Id. at 5. She alleges that she did not receive payment for a brief training period at the beginning of her employment, but that her pay gradually increased from $150 per week in November 2011 to $750 per week in June 2015. Id.
In July 2015, she became a salaried employee, and her salary rose from $60,000 per year in July 2015 to $63,000 per year in March 2017. Id. at 5–6. With a few exceptions, she claims that she did not receive overtime compensation. Id. at 5. Santi alleges that she was constructively discharged on February 21, 2018. Id. at 15.
From 2011 to 2015, Santi, under the direction of a supervisor, performed research, generated content and distributed a newsletter for VladTV. Id. at 5. From 2015 until her termination, Santi, pursuant to Lyubovny’s instructions, shared VladTV’s content on different social media platforms. Id. at 6.
Santi alleges that during her employment Defendants made racially and sexually inappropriate comments to her. For example, on one occasion, Lyubovny asked Santi whether
she found an office chair uncomfortable and, after Santi told him that the chair did not fit
someone of her size, he allegedly responded by saying, “You should get ass shots, or whatever it
is women are putting into their behinds these days.” Id. at 7.
In another instance, Lyubovny told Santi, “As a woman, your only purpose in life is to have children.” Id. at 13. Santi does not provide any context for this second comment. Additionally, Lyobovny purportedly directed Santi to post stereotypical representations of Black people on VladTV on numerous occasions, despite the fact that the content made her uncomfortable. Id. at 8. When Santi complained to Edwards, she said, “the content on the website was not ‘for’ her, so she should not be offended by it.” Id. at 8.
Lyubovny made similar comments. Id.
Santi also alleges that Defendants treated her differently than a male colleague by giving
the male colleague credit for Santi’s work and by overlooking his shortcomings, such as his
tardiness and his refusal to complete assigned tasks, while at the same time reprimanding Santi
for not answering messages over the weekend. Id. at 7–8.
When Santi confronted Lyubovny about these comments and treatment, he told her,
“racism isn’t as bad anymore,” “interracial marriage is legal,” “Black people aren’t slaves
Santi v. Hot In Here, Inc. et al, No. 1:2018cv03028 - Document 46 (S.D.N.Y. 2019)
Santi v. Hot In Here, Inc. et al, No. 1:2018cv03028 - Document 46 (S.D.N.Y. 2019) case opinion from the Southern District of New York US Federal District Court
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