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Andrade v. Cultural Care Inc.

Au Pair States Hostile Job Site Claim Over Camera in Bedroom 'Smoke Detector'

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DECISION & ORDER On August 21, 2023, Plaintiff Kelly Andrade (“Plaintiff”), Individual Defendants Michael Esposito and Danielle Esposito (the “Individual Defendants” or “the Espositos”), and Defendant Cultural Care, Inc. each filed fully-briefed motions for summary judgment. ECF Nos. 62, 60, 61. In her Motion, Plaintiff seeks summary judgment on her various claims against the Espositos. ECF No. 62. In their Motion, the Espositos seek summary judgment in their favor on Plaintiff’s claims against them. ECF No. 60. In its Motion, Cultural Care seeks summary judgment in its favor on Plaintiff’s claims against it. ECF No. 61. For the following reasons, the Court GRANTS Plaintiff’s Motion, DENIES the Epositos’ Motion, and GRANTS in part and DENIES in part Cultural Care’s Motion. I. BACKGROUND The following facts are drawn from the parties’ Local Rule 56.1 Statements. Unless otherwise noted, where a party’s Rule 56.1 statement is cited, that fact is undisputed. On March 5, 2021, Kelly Andrade (“Plaintiff”) came to the United States from Colombia to work as an au pair. Pl.’s R. 56.1 St.

1, 6. Defendant Cultural Care, an au pair program sponsor, arranged for Plaintiff to live and work in the Staten Island home of Individual Defendants Michael Esposito and Danielle Esposito (collectively, the “Individual Defendants” or “the Espositos”). Id. 8. Upon moving into the Espositos’ home, Plaintiff observed what appeared to be a smoke detector above her bed. Id. 11. On March 23, 2021, after noticing the smoke detector had been repositioned on the ceiling, Plaintiff examined the device, at which point she discovered it contained a hidden camera with a memory card. Id.

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