O'Dell v. Trans World Entertainment Corp.
Cases that cite this one
13 later published cases cite this decision.
- Golden v. Syracuse Regional Airport Authority (District Court, N.D. New York 2023)
- Johnson v. The City of Troy (District Court, N.D. New York 2023)
- Talbott-Serrano v. Iona College (District Court, S.D. New York 2022)
- DeAbreu v. Tyco International PLC (District Court, E.D. New York 2021)
- Panchishak v. County of Rockland, New York (District Court, S.D. New York 2021)
- U.S. Equal Employment Opportunity Commission v. Appalachian Power Company (District Court, W.D. Virginia 2019)
- Chin-McKenzie v. Continuum Health Partners (District Court, S.D. New York 2012)
- Esposito v. Altria Group, Inc. (Appellate Division of the Supreme Court of New York 2009)
- Gold Coast Restaurant Corp. v. Gibson (Appellate Division of the Supreme Court of New York 2009)
- Hanna v. New York Hotel Trades Council (New York Supreme Court 2007)
- Garone v. United Parcel Service, Inc. (District Court, E.D. New York 2006)
- Browne v. City University of New York (District Court, E.D. New York 2005)
- Dick v. Phone Directories Company, Inc. (District Court, D. Utah 2003)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
SUMMARY ORDER
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED.
Julie O’Dell appeals from the order, entered in the United States District Court for the Southern District of New York (Scheindlin, /.), granting the motion by Trans World Entertainment Corporation (“Trans World”) for summary judgment and for dismissal of O’Dell’s complaint in its entirety. The complaint asserts three claims against O’Dell’s former employer Trans World: (1) sexual harassment, in violation of both Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq., and the New York State Human Rights Law (“HRL”), Exec. Law § 296 et seq.; (2) unlawful retaliation, including constructive discharge, in violation of both Title VII and the HRL; and (3) breach of contract for failure to pay a year-end bonus.
As to the claims of sexual harassment and unlawful retaliation, we affirm for substantially the reasons stated in Judge Scheindlin’s order. O’Dell v. Trans World Entm’t Co., 153 F.Supp.2d 378 (S.D.N.Y. 2001).
As to O’Dell’s claim of breach of contract, we need not decide whether the year-end bonus under Trans World’s Bonus Program constitutes wages under New York Labor Law § 190. See Reilly v. Natwest Mkts. Group, Inc., 181 F.3d 253, 264-65 (2d Cir. 1999) (indicating that some types of incentive pay may constitute wages under New York law). The undisputed evidence indicates that O’Dell failed to qualify for a year-end bonus because the 1998 operating profit for the store she managed was below the 1998 targeted operating profit for that store.
The judgment of the district court is hereby AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.