Newark, NJ – A federal judge in the U.S. District Court for the District of New Jersey has granted in part and denied in part a motion to dismiss a lawsuit filed by Nicola Castelli against the American Red Cross, according to a written opinion issued by U.S. District Judge Esther Salas.
The lawsuit alleges Castelli, a medical courier employed by non-party Dropoff, Inc. from October 2020 through March 2022, was subjected to repeated sexual harassment by an American Red Cross employee while making regular deliveries to the organization’s Fairfield facility.
Plaintiff alleges repeated unwanted advances
According to the court opinion, Castelli claims he visited the Red Cross office approximately three to four times each day as part of his delivery route and encountered defendant Jill Mullane several times each week.
The complaint alleges Mullane repeatedly asked him on dates and made what the lawsuit describes as sexually motivated comments after he declined her advances.
“Although Plaintiff ‘politely declined’ Mullane’s request, she continued to ask Plaintiff on dates during his pickups and deliveries at ARC and ‘made other sexually motivated comments towards Plaintiff at least once or twice per week,'” Judge Salas wrote in summarizing the allegations contained in the amended complaint.
The lawsuit also alleges Mullane asked questions including, “Will you go out with me?”, “How would you rate me in attractiveness?” and “Don’t you find me attractive?”
Complaints allegedly made to supervisors
Castelli alleges he reported the conduct to both his supervisor at Dropoff and American Red Cross manager Omer Angun.
According to the opinion, Castelli contends his employment with Dropoff was unlawfully terminated on March 14, 2022, after making those complaints.
Judge Salas emphasized that the factual allegations summarized in the opinion are allegations only and, at this stage of the litigation, must be accepted as true solely for purposes of deciding the motion to dismiss.
Judge issues mixed ruling
In the opinion, Judge Salas ruled that the defendants’ motion to dismiss was “GRANTED in-part and DENIED in-part,” allowing portions of the amended complaint to continue while dismissing others.
The opinion does not determine whether the allegations are true or whether the defendants are liable. Instead, it addresses whether the claims, as pleaded, are legally sufficient to proceed.
The case remains pending in the U.S. District Court for the District of New Jersey.
Key Points
- A federal judge granted in part and denied in part the American Red Cross defendants’ motion to dismiss.
- The lawsuit alleges a former medical courier experienced repeated sexual harassment while making deliveries to a Red Cross facility in Fairfield.
- The court’s ruling allows portions of the civil case to proceed and does not determine liability.
