1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

SUPREME COURT OF STATE OF NEW YORK SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------x NORMA L. CABAN, Plaintiff, -againstINDEX # 10CIV0559

RICHLINE GROUP, INC., RANDY FRANCIS, ANNA SOUSA & PADMINI RAMESHWAR, Defendants. ------------------------------------------------x RICHLINE GROUP INC. 115 South Macquesten Parkway Mount Vernon, New York 10550

DATE: February 23, 2011 11:38 A.M.

EXAMINATION BEFORE TRIAL of the Defendant, RANDY FRANCIS, by the witness, taken by the Plaintiff, pursuant to a Court Order, before JEBARI BATES, a Notary Public of the State of New York.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 *

A P P E A R A N C E S: LAW OFFICE OF LAURIE BIZZARO Attorney for Plaintiff NORMA L. CABAN 100 Marine Avenue Brooklyn, New York 11209 BY: LAURIE BIZZARO, ESQ.

__________________________ Attorney for Defendant RICHLINE GROUP, INC., RANDY FRANCIS, ANNA SOUSA & PADMINI RAMESHWAR _____________________ _________________________ BY: BILL KERFY, ESQ.

ALSO PRESENT: TRISHA RIVAS (Corporate Representative) ANNA SOUSA

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221.

UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS

221.1 Objections at Depositions (a) Objections in general. No objections shall be made at the

deposition except those which, pursuant to subdivision (b), (c) or (d) of Rule 3115 of the Civil Practice Law and Rules, would be waived if not interposed, and except in compliance with subdivision (e) of such rule. All objections

made at a deposition shall be noted by the officer before whom the deposition is taken, and the answer shall be given and the deposition shall proceed subject to the objections and to the right of a person to apply for the appropriate relief pursuant to Article 31 of the CPLR. (b) Speaking objections restricted. Every

objection raised during a deposition shall be stated succinctly and framed so as not to suggest an answer to the deponent and at the request of the questioning attorney, shall include a clear statement as to any defect in the form or other basis of error or irregularity. Except to the

extent permitted by CPLR Rule 3115 or by this rule, during the course of the examination person in attendance shall not make statements or

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

comments that interfere with the questioning. 221.2 Refusal to answer when objection is made. A deponent shall answer all questions at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) to enforce a limitation set forth in an order of the court, or (iii) when the whole questions is plainly improper and would, if answered cause significant prejudice to any person. An attorney shall not

direct a deponent not to answer except as provided in CPLR Rule 3115 or this subdivision. Any direct refusal to answer or direction not to answer shall be accompanied by succinct and clear statement of the basis therefore.. the deponent does not answer a question, the examining party shall have the right to complete the remainder of the deposition. 221.3 Communication with the deponent. An If

attorney shall not interrupt the deposition for the purpose of communication with the deponent unless all parties consent or the communication is made for the purpose of determining whether the question should not be answered on the grounds set forth in section 221.2 of these rules and in such event, the reason for the

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

communication shall be stated for the record succinctly and clearly.

IT IS FURTHER STIPULATED AND AGREED that the transcript may be signed before any Notary Public with the same force and effect as if signed before a clerk or a Judge of the court.

IT IS FURTHER STIPULATED AND AGREED that the examination before trial may be utilized for all purposes as provided by the CPLR.

IT IS FURTHER STIPULATED AND AGREED that all rights provided to all parties by the CPLR cannot be deemed waived and the appropriate sections of the CPLR shall be controlling with respect hereto.

IT IS FURTHER STIPULATED AND AGREED by and between the attorneys for the respective parties hereto that a copy of this examination shall be furnished, without charge, to the attorneys representing the witness testifying herein.

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R A N D Y

F R A N C I S, called as a witness

having first been duly sworn by a Notary Public of the State of New York, was examined and testified as follows: EXAMINATION BY: MS. BIZZARO Q: record? A: Q: the record? A: York. Q: Mr. Francis, my name is Laurie Bizzaro. 685 East 80th Street, Brooklyn, New Randy Francis. Please state your current address for Please state your complete name for the

I represent Norma Caban who is a Plaintiff in a lawsuit brought against Richline, Anna Sousa, Padmini Ramashan and yourself. The bulk of the

lawsuit concerns allegations of sexual harassment alleging that you harassed Ms. Caban while she was working for Richline, okay? A: Q: Yes. Im going to ask you some questions

about the facts of the case and then ask when you give your answers, you give them out loud because the Court Reporter cannot take down nods or

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

gestures. A: Q:

Is that okay? Yes. Im going to also say that if you dont

understand my question, you want me to rephrase, please ask me that accordingly, okay? A: Q: Yes. Okay. Now, you gave Desborne Francis

and I want -A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: Desborne. Des --- borne. Desborne Francis. Yes. And a.k.a Randy Francis? Yes. Okay. No. What is your middle name? Ricardo. How did you come to get the name Randy? From both. From? From both. Both? Okay. Both. From both. Is Randy your middle name? D-E-S-B-O-R-N-E?

MR. KERFY:

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2:11].

A: Q: A: Q: A: Q: A: Q: A:

Yes. Its a nickname? Yes. Okay. No. Whats your date of birth? July 30, 1973. Wheres your place of birth? St. Vincent. St. Vincent in [inaudible Are you know by any other names?

Q:

And you have a current address of 685

East 80th Street in Brooklyn, correct? A: Q: A: Q: A: Q: A: Q: Yes. Is that an apartment or home? Its a home. Do you own or rent it? Rent. And how long have you lived there? Just about two months. Do you have any other residences other

than 685 East 80th Street? A: Q: A: Q: Right now? Presently? No.

Do you own any property? No. What was the address of your -- where

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

was your residence prior to 685 East 80th Street? A: 7980 104th Avenue, Ozone Park, New York,

11416 [inaudible 2:58]. Q: A: Q: A: Q: A: Okay. And how long did you live there?

Five years. Okay. And prior to that?

Connecticut. What was the address? Greenwich. 156 Hamilton Avenue,

Greenwich, Connecticut. Q: A: Q: How long did you live there? About five years. Did you own a property in Ozone -- is it

Ozone Park, Queens, New York? A: Q: Didnt own the property. Okay. Did you own a property in

Connecticut? A: Q: A: Q: A: Q: A: Q: No. Who do you live with? In here? Yes. At present address? Yes. The landlord. The landlord.

Do you have your own separate apartment

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or you live with the landlord? A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: I have a separate area. Okay. Yes. To whom are you married to? Juliet Wayde. Juliet Wayde? Wayde. Yes. Are you currently married?

And how long have you been married? Five years. Were you married prior to that? Prior to? Married -- being married to Wayde. Yes. No. Sorry. No.

You were single prior to that? Yes, I was single. Yes.

Also, I was going to remind you that the

Court Reporter -- the Court Reporter cant take down both of us at the same time. So if you could

just let me finish my questions before you answer, that would be great. A: Q: Yes. All right. Thank you. Are you

currently employed? A: Yes.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 began. now?

Q: A: Q: report to? A: Q:

Who are you employed by? Richline Group. And do you have a main address that you

Excuse me? Do you have a main address that you

report to for Richline? A: Q: A: Q: A main address -Yes. -- where I report -- I -- I dont -Do you report to the building were

currently in? A: Q: Yes. Whats the address of where we are right

A:

Oh, 115 South MacQuesten in Parkway,

its Mount Vernon, New York. Q: Richline? A: That was two -- 2007 when Richline When did you begin your employment with

Q:

Did you -- are you referring to when

Richline -- Richline took over for Michael Anthony? A: I never worked with Mike Anthony. I was

previously working with Bel-Oro and we trained --

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acquired Bel-Oro so I started from Bel-Oro and went over into Richline. Q: A: Q: A: When did you begin working for Bel-Oro? 2002. Where did you work prior to Bel-Oro? Connecticut. I worked with one -- with Noels family.

-- at the Noels family. Q: A: Q: A: Noels family? Yes. Who is that?

Its Monica and Walter Noels.

It is -I was

its not a company. working with them. Q: A: Q: A: Q:

Its -- its a family.

You were chauffer for them? Yes. How long were you a chauffer for them? Two years. Lets go back. When did you first come

to United States? A: Q: A: Q: A: Q: In 2000. And are you a United States citizen? No. Permanent resident.

Do you have a visa or a green card? Green card. And when did you obtain that?

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A: Q:

I last obtain one in 2009. When did you -- what year did you first

start working when you came here to the United States? A: -- 2001. Q: A: Q: A: Okay. What -What kind of work? I was working on a construction and then And what did you do then? When I start working? That was in 2000

I was driving. Q: A: Q: A: Q: A: Q: When did you start driving? I started to drive in 2001. Who did you work for in 2001? The Noels. Thats their last name? Noels. Yes. Noels?

What -- who is the primary person you

work for and were hired by? A: Q: chauffer? A: Q: A: Just over one year. And then where did you work after that? Bel-Oro. Monica and Walter, both of them. Now, how long did you work for them as a

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q: Bel-Oro? A:

And you worked as a chauffer for -- for

Yes.

For Dennis.

I was working with

Dennis who owned Bel-Oro. Q: A: Q: A: Q: A: Q: Dennis Ulrich? Yes, Dennis Ulrich. Is he the one who hired you for Bel-Oro? Yes. Are you his personal driver or -Yes. -- are you his -- let me finish. Were

you his personal driver at Bel-Oro? A: Q: Yes. And when you -- when Richline took over

Bel-Oro did you still remain as personal driver or were your duties changed? A: Q: took over? Duty changed. What do you did for Richline when you What -- what was your job description

for Richline? A: Q: Drive for the company. And that included any executive or any

person who needed a ride within the company and was authorized to ask you to give them a ride? A: Excuse me?

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Q:

Your duties for Richline as their

chauffer included driving any executive or person thats authorized to get a ride from you as a chauffer, correct? A: Did -- yes, its more -- more or less

the executives or sales personnels and their customers who come in and out of New York for business. Q: A: Q: A: Q: A: Q: A: Q: A: Q: So id your job title chauffer? Yes. And whats your salary? Its about 37, not including overtime. You get overtime too? Yes. Do you have any benefits? Yes. What are they? I have medical, I have dental for 1K. You indicated that you live at 685 East Do you

80th Street and live with your landlord. also live with Ms. Wayde? A: Q: A: Q: Yes. Okay. Yes. How many?

And do you have children?

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 forth. well?

A: Q: A: Q:

I have two children. What are their ages? Fourteen -- fifteen right now and five. Okay. And do they live with you as

A: Q: A:

No. Where do they live? My 15-year-old live in my country, where

Im from and my 5-year -- my five years live still right now with his mom, with my wife and theres -I have him at times. Q: Okay. So let me just repeat the

question, you dont live with your wife right now? A: No. Right now? No. I go back and

Q: A: Q: A: Q: A: Q: A:

Where does your wife live? Ozone Park. At the address you gave -At the address I gave you, yes. The address you gave previously? Yes. Are you separated at this time? No, not separated. Just sometime like I would say like --

-- I wouldnt say separated.

just give each other some time.

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Q: A: Q: months? A: Q:

Okay. Yeah. Like that.

And that -- thats been for the last two

Yes. Prior to that, did ever live separately

from your wife while you were married -A: Q: A: Q: No. -- with her? No. Does your separation have anything to do

with the complaint that was filed against you by Ms. Caban? A: Q: A: Q: A: Q: A: Q: No. What is your Social Security Number? 124-90-1180. Is Ms. Wayde employed? No. Have you ever been convicted of a crime? No. Have you entered into an agreement with

anyone regarding this lawsuit? A: Q: No. Are you paying for your representation

in this lawsuit or is Richline paying for it?

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A: Q: A: Q: litigation? A: Q:

Richline. Have you ever filed bankruptcy? No. Have you ever been party to any

No. Youve never been sued prior to this or

subsequent -A: Q: lawsuit? A: Q: A: Q: A: Q: No. Whats your highest level of education? I have diploma in electrical. Electrical? Engineer. Engineer. Okay. And when did -- where No. Have you ever been a witness to any

did you receive that diploma? A: Q: A: Q: Stratford Career Institute. And when did you get that? 2005. Do you work within the area covered by

the diploma or are you -A: Q: No. Okay. Youve never pursued a career in

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that area? A: No. Just looking forward to go to

school back again. Q: A: Do you have a high school diploma? Not in this country. I have a high

school certificate from my country. Q: A: Q: A: Q: A: Q: A: Q: A: Q: Okay. And college. Oh. Yeah. Where did you attend college? In my country. And how many years at college? Two years. Do you have a degree to that and or -Electrical. Thats also -- you also received

electrical engineering degree? A: Q: A: Q: Just as electrician. Oh, okay. And what college was that?

[inaudible 12:47] College. Did you have any supervisor experience

or responsibility in any of the positions youve held since you came to this country? A: No.

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Q:

When you -- when youre employment

changed from Bel-Oro to Richline Group, did you have to re-apply or did you simply just rolled over to into the new company and -- and to the position? A: Q: A: I would say I rolled over. And that was with Dennis Ulrich? No. I think its because of Bel-Oro.

Those employees from Bel-Oro, I believe they had rolled over. Q: Did you have to sign documents

acknowledging that you work for a new company? A: Q: I cant remember. I think so.

Who actually interviewed you for the

driver of Bel-Oro for Dennish Ulrich wasnt Mr. Ulrich himself? A: Q: Yes. Did Mr. Ulrich educate you on sexual

harassment when he hired you at Bel-Oro? A: Mr. Ulrich. Q: When I was hired at Bel-Oro, it was not It was the HR of Bel-Oro. And did they give you a manual or

educated on sexual harassment that time? A: Q: Yes. Okay. What did they do? What form did

your education take place?

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A: Q: A: Q:

At Bel-Oro. Yes, at Bel-Oro. Youre asking when? Yes, when -- well, first, was the Something else?

lecture format a manual? A: Q:

A lecture with manual. And do you remember how many times while

Bel-Oro -- while youre working for Bel-Oro that you received this training? A: Q: A: Q: A: I cant remember. More than once? Yes. More than once.

More than twice? I believe -- I believe its more than When they I

twice because they keep giving manual.

add into the manual, they give you a new one. think it could be at least twice -Q: A: Q: A: Q: A: Q: And that was with --- with Bel-Oro. -- Bel-Oro. Yes. And there was a lecture? Yes. Lecture with a handbook.

Do you remember what years these

lectures began?

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A: Q: lectures? A: lectures. Q:

No. Okay.

Cant remember. And do you remember who gave the

No.

Cant remember who gave the

Was it the HR of Bel-Oro present during

the lectures? A: HR and some other personnel from outside

came and gave lecture. Q: And were there other employees of Bel-

Oro present or was it just you? A: Q: There were other employees. Now, when you began working for Richline

when the changed over occured, do you remember what year that was? A: Q: In 2007 was the change over. And were you given any employee manuals

when Richline took over? A: Q: Yes. And how many different copies were you

given over the years between 2007 to present of the employee manual? A: They gave two copies. One in 2007. I

think in 2008. Q: Okay. Did you sign an acknowledgment

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when you were given the employee handbook? A: Q: I believe so. Was that both times that you were given

employee handbook or its only once? A: regulation. Q: A: Q: I believe so. I think its part of the

When your receive, you sign. Thats both times though? Both times. Did you read the employee manual after

receiving it? A: Yes, I could -- I went through it. I

went some part of it. Q: A: Q: Okay. And was that both times?

Both times. Did the manuals contain a section on

sexual harassment? A: Q: A: Q: harassment? A: Q: Yes. For sure. Yes. Thats for sure.

Both manuals? Both manuals. Did you read that section of sexual

And do you know if the -- between the

two manuals that you receive if there was change on the sexual harassment policy of Richline between

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one manual and another? A: Q: I dont think so. What were your job responsibilities as

chauffer in Richline -- with respect to Richline? A: My job responsibility as a chauffer is

to take people back and forth to places which was assigned to me. For instance if someone is coming

to New York -- leaving New York to go like to a different place and they need to go to the airport, they contact me. I will take them. If Im not

available to take them, Ill schedule a car service for them. Q: Did you ever work in any other For example, the sample

departments at Richline?

line department or when extra hands are needed? A: Q: Yes. Okay. And when -- was that from 2007 to

the present? A: since 2008. Q: Is there a reason why you no longer help From 2007 but present, I have not been

in other departments since 2008? A: department. Q: Because they no longer need me in those They have more work on the driving. Is that the only reason?

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A: Q:

Yes.

I would think so. Did you ever work on the sample

Uh-hmm.

line department within Richline? A: Q: I had. Since Richline took over, how many times

did you work in the sample line department? A: inventory. I think its about once or twice during Thats where most have in the -- in

their sample line. Q: So thats only once or twice. How about

before Richline took over in your entire career, how many times did you work in the sample line located in the first floor? A: Before Richline took over, I was not I was working at

working here in Mike Anthony. Bel-Oro. Q: A: Okay.

I went to -- into sample line to pick up

and drop off merchandise. Q: From the take over in 2007 to the

present, how often do you have the occasion to enter the sample line department? A: As often as I have merchandise to drop

off and pick up. Q: Okay.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A:

How often?

I really dont know how

often was that. Q: So part of your duties as a chauffer is

to pick up and drop off merchandise at sample line -- sample line department? A: Q: Yes, and other places. Yes.

Around 2007, 2008, how often would you

say on average were you in -- in the sample line department picking up and dropping off merchandise? A: I really dont know how often but as

often as they have merchandise to pick up and drop off. Q: Was that the once a week, twice a week, Give me an idea of

three times a week, once a day? the average. A:

Its vary so I can say it could be once Its difficult to,

or twice in two weeks period.

you know, certain amount of time because it keeps going back and forth with merchandise from Richline -- from Mike -- from Mt. Vernon here to New York City. Q: Aside from helping with the inventory

when you were requested to do so and going in and out of sample line department to drop off merchandise, was there any other reason you needed

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

to be in the sample line department? A: I usually will go in to find out if they

have anything to take to New York City to Bel-Oro. Q: And now, how often did you go in there

to find out if they needed something taken to New York City? A: When -- if I come to Mt. Vernon, I will

pass by to find out if theres anything needed to go to Bel-Oro which was in -- at the time, it was in New York City. Q: Who would you ask when you went around

to the department roughly around 2007, 2008? A: Sousa. Q: Uh-hmm. Did you ever have to ask or Most -- most of the time, I ask Anna

have the occasion to ask other employees if they had any merchandise that needed to go to Manhattan? A: Q: A: Padamini. Q: Okay. What if Anna Sousa was there, In sample line? Yes. If Anna Sousa is not there, I will ask

would you still talk to other employees? A: Q: If Anna Sousa is not there? Is there, present.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A: Q:

No. Okay.

I will ask Anna. So I just want to understand, if

Annas present -- well, in 2007, 2008, if Anna was present in the sample line department when you approached, you wouldnt have any reason to talk to any other employees? A: Q: No. When -- well, in 2007, 2008, were the

other departments that you needed to check with prior to going back to Manhattan to see if you have anything to take back there? A: No. Because most of the things that I

have to take back on foot goes to goes to sample line because the -- most of them are samples. MR. KERFY: Q: Okay. Counsel.

Do you have performance of

violations that are performed? A: Q: Excuse me? I --

Do you -- are you -- do you -- are you Is that a

subjected to performance evaluations? part of your job as a chauffer? A: Q: I dont understand.

Can you put it --

Does Mr. Ulrich or some other supervisor

rate your performance as a -- as a chauffer in written format?

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A:

In written format?

I am not too sure

but I have been -- during interview -- I mean review, I have told about my performance. Q: A: Okay. Who give you your review?

Dennis used to give me my review and

then Marty -- Marty Gole give me review after. Q: When did Mr. Ulrich stop giving you your

reviews and Marty take over? A: I think that was in -- the first time he I

gave me a review, I believe, was in 2007. believe 2007, 2008, somewhere along there. Q:

Have you ever had any issues about any

of the evaluations or a negative feedback? A: Q: No. So is it your testimony that your

performance was rated at least satisfactory over the years at Richline? A: Q: Very -- very much so. Have you -- you said your salary was

roughly seven -- $37, correct? A: Q: Yes. What salary did you start out with in

2007 when Richline took over Bel-Oro? A: over $30. I believe it was -- it was -- it was It was $30-something. When -- not -- I

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

cant remember how much it was. Q: Have you gotten any bonuses or any

increases from 2007 to present? A: Q: A: Q: A: Yes. Do you remember what they were? The bonuses? Yes. Bonuses, I think about $1,000 and the

increase could be like $0.50 to a $1 -- 50 cents to $1, I think. Q: Uh-hmm. You stated that -- when youre

with Richline, did you ever receive any sexual harassment training? When Richline took over, did

they provide you with any sexual -- on-the-job sexual harassment training? A: They have the-- when theyre giving out

their handbook, they have -- as I said before, there are people who came and lecture. lecture. Q: I have the

So it can be part of the training. Okay. So this was -- how many times did

you get a lecture on sexual harassment? A: Q: A: Q: Since Richline took over? Yes. About twice. Okay. So given the -- and the

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

information in the handbook -- when you reviewed the handbook, did you see any information posted there about sexual harassment? A: Q: A: Q: A: Q: Yes. Obviously.

And thats twice? Twice. And you read it? Yes. Sure.

Do you remember the last time you read

the policy of sexual harassment of Richline? A: The last time I read it was the last

handbook in 2008. Q: Okay. Did you have any re-trainings

since 2008 on sexual harassment? A: Q: No. So the last time you receive training on

sexual harassment on Richline was when you received the last handbook? A: Q: Yes. So given your reading of the hand book

and your training, from memory, can you tell me what sexual harassment is? A: Q: A: You want me to explain what it is? Yes. I would say sexual harassment is any

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

inappropriate way of touching, it could be speaking, to someone inappropriate -- in an inappropriate way. Q: A: Q: Okay. Yeah. And would attempting to hug someone who

didnt want to be hugged sexual -- be sexual harassment? MR. KERFY: A: Q: A: Q: Objection to form.

To me, I dont think so. Okay. Yeah. Would asking someone for a kiss who

didnt want to be kissed or didnt want to give a kiss, would that be sexual harassment? MR. KERFY: A: I object to the form.

If I ask someone for -- if I ask and

they didnt want to, if thats sexual harassment, to them, maybe -- it could be a sexual harassment. Q: If someone indicated they didnt want to

be touched and a co-worker kept trying to touch them or asking to be touched, would that be sexual harassment? MR. KERFY: A: I object to the form.

Pertaining to the type of touch?

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q:

What if -- example, a co-worker wanted

to hug another co-worker and a second co-worker kept saying, No. I dont want to be hugged, but

they kept making attempts to give hugs, would that be sexual harassment? MR. KERFY: A: Objection to form.

I dont know if thats part of sexual

harassment that way. Q: A: In your opinion solely? Yeah. It could be. You know, some Some

people can have it as a sexual harassment.

could be -- its just harassing the person but not sexually. Q: Uh-hmm. What makes the determination of

whether its sexual harassment or not? MR. KERFY: A: Objection to form.

Touching in a -- in -- inappropriate way

a part of the body. Q: If it makes the person receiving

harassment -- the behavior -- the behavior makes the person receiving the harassment uncomfortable, could that -- does that -A: Yeah. That could be. Sexual -Let

MR. KERFY:

Objection to form.

her finish the question before you

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A: Q: A: Q: A: A: Q: A: Q: Q:

answer. THE WITNESS: MS. BIZZARRO: COURT REPORTER: Oh, okay. Did you get that? Yes.

Are -- can words be -- can -- can words

said constitute sexual harassment? MR. KERFY: Objection to form.

Pertaining to what type of words? It pertains to the type of words? Yes. Can telling a woman that she looks good

or sexy, will -- will that -- could that be sexual harassment? MR. KERFY: No. MR. KERFY: question. Okay. No. Why is that? MR. KERFY: Objection to form. So no? -- to the form of the Objection --

Because it could be a way of giving a

person compliment. Q: In a work setting -MR. KERFY: Objection to form.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q:

Would complimenting a woman -MR. KERFY: done. MS. BIZZARRO: Okay. Sorry. Though you were

Q:

In a work setting, would complimenting a

woman on her appearance constitute sexual harassment? MR. KERFY: A: Q: Objection to form.

What type of appearance? Telling [inaudible 30:03] good. MR. KERFY: Objection to form.

A: harassment. Q:

Not -- I wouldnt say its a sexual

In a work setting, telling a co-worker

of yours that she looked good for a woman of her age, is that -- does that constitute sexual harassment? MR. KERFY: A: Q: No. In a work setting, telling a woman that No.

she looked good for someone who had multiple children, would that constitute sexual harassment? MR. KERFY: A: Q: No. Would, in a work setting, asking a I object to the form.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

colleague about their sexual activity with their partner, would that constitute a sexual harassment? MR. KERFY: A: Q: A: Yes, it can. It does or it can? It can. MR. KERFY: A: It can. MR. KERFY: me. Hang on. Dont step over Objection to form. Objection to form.

Let me finish my objection -Okay. -- before you answer.

THE WITNESS: MR. KERFY: Q: So you -MR. KERFY: Q:

Go ahead.

He answered it.

Are there instances where it wouldnt be

sexual harassment? MR. KERFY: A: I dont know. Objection to form. I havent encountered any

incident like that. Q: But is -- is your answer -- just correct

me if Im wrong but your answer seemed to indicate that if one co-worker spoke to another co-worker about their sexual activity with their partner that there might be instances that it wouldnt be sexual harassment?

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A: Q: Q:

MR. KERFY: Is that -MR. KERFY:

Objection to form.

Calls for legal

conclusions and speculation. Is -MR. KERFY: MS. BIZZARRO: MR. KERFY: MS. BIZZARRO: MR. KERFY: MS. BIZZARRO: MR. KERFY: deposition. MS. BIZZARRO: -MR. KERFY: Its not -- still Is this something that Its argumentative. No. I --

Youre -- youre -Okay. -- making it hypothetical. Okay. Just go ahead. Its your

objection to form. Can you repeat it? MS. BIZZARRO: back the -COURT REPORTER: MS. BIZZARRO: COURT REPORTER: Yes. No problem. Can you read -- read

Thank you. Give me a second.

(Whereupon the recording was played back.) A: It can be instance that can be sexual

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

harassment if -- if one is discussed to another about their sexual life and if the person is not comfortable with it, it can be sexual harassment to the person. Q: Okay. Are there any instances where it

would be an instance of sexual harassment? MR. KERFY: A: Q: I dont know. Has any co-employee in any of your prior I object to the form.

positions since working in this country accused you of inappropriate conduct? A: Q: No. Have you ever been disciplined by any of

your prior employers for inappropriate conduct towards a co-worker? A: Q: A: yes. -Q: A: Q: A: And --- to some [inaudible 33:27]. -- who did this involve? Caban. MR. KERFY: Yes. Not -- not to a sexual conduct. Okay. And what was the instance?

The incident was one with hand touching,

I was accused that I hit something, like that

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q: A: Q: A: Q:

Who? Norma Caban. Norma? Yes. Oh, okay. So not -- aside from Norma Norma.

Caban, has anybody ever accused you of inappropriate conduct? A: Q: No. And aside from your job at Richline --

Im talking about prior jobs, Bel-Oro or working with the other family, the Noels? A: Q: No. Has anyone ever accused you of sexual

harassment other than Norma Caban? A: Q: No. Do you recall on the -- the two training

sessions that you did receive through Richline when you got the handbook how long the training sessions lasted? A: I cannot recall how long it lasted. I cant remember. It

could be an hour, two hours. Q: A: Q: A:

And you said it was a lecture, correct? There was a lecture. Both times? Both times.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q:

And was there a signing sheet that you

have to sign? A: Q: I believe so. I cant remember.

Were your required to attend these

lectures or is it voluntary? A: Q: training? A: Q: [35:00] A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: No. Okay. We were required to attend. And did you take notes during the

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A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A:

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q:

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A:

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q:

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A:

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q:

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A:

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A: Q: A:

(Whereupon, at ________ the Examination of this witness was concluded.)

__________________________ _________________

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ____________ Notary Public Subscribed and sworn to before me this _____ day of _______, 2011.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXAMINATION BY:

INDEX PAGE 6

MR.JASON PARIS, ESQ. PLAINTIFFS EXHIBITS: NUMBER 1 2 3 4 DESCRIPTION Photograph Photograph Photograph Photograph

17 17 17 17

PLAINTIFFS DOCUMENT REQUESTS: 1. Copy of Mr. Thomas Walshs report to his employer, Consolidated Edison, regarding the accident on March 13, 2006. DEFENDANTS EXHIBITS: NUMBER DESCRIPTION 26

DEFENDANTS DOCUMENT REQUESTS:

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

C E R T I F I C A T E

STATE OF NEW YORK

) : SS.: )

COUNTY OF _________

I, _________________, a Notary Public for and within the State of New York, for hereby certify:

That the witness whose examination is hereinbefore set forth was duly sworn and that such examination is a true record of the testimony given by that witness.

I further certify that I am not related to any of the parties to this action by blood or marriage and that I am in no way interested in the outcome of this matter

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of ________, 2011.

__________________________ Notary Public

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DATE: DEPOSITION:

E R R A T A __________ VALERIE VAUGHN, ET AL. VS. NEW YORK

CITY TRANSIT AUTHORITY WITNESS: PAGE ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ WINSTON R. COOPER CHANGE REASON

LINE(S) ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____

_______________ ______________ _______________ ______________ _______________ ______________ _______________ ______________ _______________ ______________ _______________ ______________ _______________ ______________ _______________ ______________ _______________ ______________ _______________ ______________ _______________ ______________ _______________ ______________ _______________ ______________ _______________ ______________ _______________ ______________ _______________ ______________ _______________ ______________ ___________________ WINSTON R. COOPER

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