Case #1:10-cv-06514 · United States District Court, Southern District of New York
Spero v. Bad Boy Entertainment, Inc. et al
Filed September 01, 2010
Judge Judge Colleen McMahon
Closed
Bad Boy Entertainment, Inc.
Janice Combs Publishing, Inc.
Janice Combs Management, Inc.
Bad Boy Productions, Inc.
Daddy's House Recordings, Inc.
Bad Boy Marketing, Inc.
Sean John, Inc.
Blue Flame America, Inc.
Sean Combs
Contains
None noted
Parties
Francesca Spero Plaintiff
Bad Boy Entertainment, Inc. New York corporation with principal place of business at 1710 Broadway, New York, NY 10019, an entertainment company founded by Sean Combs.
Janice Combs Publishing, Inc. New York corporation with principal place of business at 1710 Broadway, New York, NY 10019, part of the Bad Boy network.
Janice Combs Management, Inc. New York corporation with principal place of business at 1710 Broadway, New York, NY 10019, part of the Bad Boy network.
Bad Boy Productions, Inc. New York corporation with principal place of business at 1710 Broadway, New York, NY 10019, part of the Bad Boy network.
Daddy's House Recordings, Inc. New York corporation with principal place of business at 1710 Broadway, New York, NY 10019, operates a recording studio, part of the Bad Boy network.
Bad Boy Marketing, Inc. New York corporation with principal place of business at 1710 Broadway, New York, NY 10019, part of the Bad Boy network.
Sean John, Inc. New York corporation with principal place of business at 1710 Broadway, New York, NY 10019, part of the Bad Boy network.
Blue Flame America, Inc. New York corporation with principal place of business at 1430 Broadway Suite 900, New York, NY 10018, part of the Bad Boy network.
Sean Combs Chief Executive Officer and owner of Bad Boy Entertainment, Inc. and other corporate defendants, resident of New York, Spero’s immediate supervisor.
Factual Allegations
Disclaimer: allegations as pled by the plaintiff, summarized by Grok.
Francesca Spero, a 52-year-old music industry executive, was hired by Bad Boy Entertainment in 1998 as Director of Producer Management, later promoted to Senior Vice President of Music Publishing, Producer Management, and Special Projects in 2000, reporting to Sean Combs. She played a key role in Combs’ career and managed major projects, including music clearances and MTV’s 'Making the Band.' In March 2008, Spero informed Combs of her need for hip resurfacing surgery due to dysplasia, scheduled for September 2008. Despite six months’ notice, Combs ignored her medical needs and, post-surgery, remarked she could no longer 'run around' and her salary was too high. In August 2008, Spero relapsed into opiate addiction after taking prescribed pain medication, completing treatment in December 2008. She confided in Bad Boy’s HR and CFO, but rumors of drug use persisted, fueled by her reduced office presence due to post-operative pain. In 2009, Bad Boy closely monitored her whereabouts, ignored her requests for reasonable accommodations (e.g., reduced workweek), and dismissed her offers for drug tests. Combs excluded her from TV projects, giving responsibilities to a younger employee, Capricorn Clark. On January 20, 2010, Spero was informed of her termination, effective March 20, 2010, with vague reasons like poor music quality, despite her department’s profitability. She was replaced by Gwen Niles, a less experienced woman aged 35-40. Spero alleges discrimination based on her age and disabilities (hip condition and perceived drug addiction).
Prayer for Relief
Declaratory judgment that defendants violated ADA, ADEA, NYSHRL, and NYCHRL; injunctive relief to restrain violations; reinstatement to her position; compensatory damages of $2 million for mental anguish, emotional distress, and humiliation; punitive damages of $10 million under ADA and NYCHRL; liquidated damages; interest; attorneys’ fees and costs; and other equitable relief.
Causes of Action
FIRST CLAIM Disability Discrimination under the Americans with Disabilities Act (ADA)
42 U.S.C. § 12101 (Corporate Defendants)
SECOND CLAIM Disability Discrimination under the New York State Human Rights Law (NYSHRL)
N.Y. Exec. Law § 290, et seq. (All Defendants)
THIRD CLAIM Disability Discrimination under the New York City Human Rights Law (NYCHRL)
N.Y.C. Admin. Code §§ 8-101, et seq. (All Defendants)
FOURTH CLAIM Age Discrimination under the Age Discrimination in Employment Act (ADEA)
29 U.S.C. § 621, et seq. (Corporate Defendants)
FIFTH CLAIM Age Discrimination under the New York State Human Rights Law (NYSHRL)
N.Y. Exec. Law § 290, et seq. (All Defendants)
SIXTH CLAIM Age Discrimination under the New York City Human Rights Law (NYCHRL)
N.Y.C. Admin. Code §§ 8-101, et seq. (All Defendants)
Disposition
Dismissal with Prejudice — December 06, 2011
The action is discontinued with prejudice but without costs, following a reported settlement.
Attorneys
