All Defendants Except Finlay Are Dismissed from Alexandra Waterbury's Lawsuit

[Helene]

If this goes to discovery, NYCB could be in a world of hurt, as Waterbury's attorneys would be looking for patterns of what behaviors were known to the company and what disciplinary actions were taken.  Or not taken.

[BalanchineFan]

On 4/30/2022 at 9:22 AM, Kathleen O'Connell said:

The dissenting Justice, David Friedman, makes this observation in the conclusion to his dissent:

"By no means do I deprecate the serious social problem of digital harassment, which the New York City Council addressed by enacting Administrative Code § 10-180. Section 10-180, however, imposes liability on the perpetrators of digital harassment, not on their employers. In extending liability to such an employer in this case, the majority imposes upon every employer a heretofore unknown duty to monitor the private behavior of its employees, even though that private behavior is not made possible, or even more likely, by the circumstances of the employment and bears only an incidental connection to the employment. I believe that the invention of this new duty will have a deleterious effect upon employers and employees alike."

Justice Friedman appears to be focussing on the specific act of employees sharing images on their private devices and whether an employer can be held responsible for that act simply because the activity took place on its premises. 

I agree that if employers can be held liable for what their employees do with their private devices, particularly when the private behavior is not made possible by the employment, it will be bad for employers and employees alike.

[abatt]

New YOrk City Ballet will appeal.

 

https://www.nytimes.com/2022/06/08/arts/dance/amar-ramasar-city-ballet.html

[nanushka]

The relevant portion, for those who don't have access:

Quote

A judge dismissed Ms. Waterbury’s claims against City Ballet in 2020, but in April, an appellate court restored the company as a defendant. Mr. Finlay, who has countersued Ms. Waterbury, remains a defendant in the case. A spokesman for City Ballet, Rob Daniels, said in a statement that the company is requesting an appeal of the decision.

“As the Company has stated from the beginning, while we found the men’s behavior reprehensible and took disciplinary action, N.Y.C.B. bears no legal responsibility for the dancers’ personal actions,” he said.

[FauxPas]

Mr. Finlay has emerged from seclusion on Instagram hinting at some sort of rehabilitation and a new career as a therapist.  Hinting at demons that he has had to put behind him.

Megan Fairchild and Sara Mearns had positive responses to his post.

I believe in forgiveness and that there is more to people than their worst behavior or actions.

Hopefully he has genuinely grown beyond his younger self.  We'll see.

https://www.instagram.com/p/Cr9Jf5XR5Ua/

This is an earlier post explaining how he suffered from anxiety disorder and substance abuse and checked into rehab back in 2018.

More support from Maria Kowroski, Sara Mearns, Megan Fairchild, Julie Kent, Lauren Lovette and many other dance colleagues including Ask La Cour et al.

Ashley Bouder salutes his courage in returning to the public eye.

https://www.instagram.com/p/Cp_h8FhjrTf/

Edited May 8, 2023 by FauxPas
More info

[BalanchineFan]

I’ve seen the posts.
Rehab was definitely a good idea for him. Many people who have been through extensive rehab, therapy (and other traumas) become therapists. Certainly none of us are as bad as our worst mistakes. 

I am taking a wait and see approach (not that he needs my approval), though I’m glad there are messages of support on his IG. 

[cubanmiamiboy]

On 5/8/2023 at 5:04 PM, FauxPas said:

More support from Maria Kowroski, Sara Mearns, Megan Fairchild, Julie Kent, Lauren Lovette and many other dance colleagues including Ask La Cour et al.

Ashley Bouder salutes his courage in returning to the public eye.

https://www.instagram.com/p/Cp_h8FhjrTf/

Of course....the older, wiser generation.