Judge asks: How many women worked in FXCM’s IT department from 2012 to 2014?

Maria Nikolova

Judge Deborah A. Batts urges parties in a workplace harassment lawsuit targeting FXCM to be prepared factually.

As the long-awaited oral argument in a workplace harassment lawsuit targeting FXCM Inc, now known as Global Brokerage Inc (OTCMKTS:GLBR), approaches, the Judge assigned to the case has issued a brief order regarding the preparation of the parties.

The lawsuit is brought by Alon Nachmany, a former employee at FXCM’s New York office. He alleges that the defendants terminated his employment with FXCM as a result of his statuses in statutorily protected classes of employees, namely national origin, sexual harassment, and/or sexual orientation.

On January 12, 2016, Alon Nachmany filed a Complaint against the defendants – FXCM Inc, Ryan Leonard, and Seth Lyons. On April 14, 2016, the defendants moved to dismiss and strike. That motion is still pending before the New York Southern District Court. Judge Deborah A. Batts has scheduled an oral argument for October 16, 2019, with the scheduling happening shortly after Nachmany got what can be referred to as an “X-rated package”.

An order signed by the Judge on Friday, October 11, 2019 urges the parties in the lawsuit to prepare adequately for the coming meeting. In preparation for the oral argument on the defendants’ Motion to Dismiss the Complaint, In Part, and to Strike Certain Allegations and Exhibits, scheduled for October 16, 2019, the Court has concerns about the sufficiency of the allegations in the Complaint relating to the sexual harassment causes of action.

“For instance, one question is about how many women worked in the department in which Plaintiff was employed during the period of Plaintiff’s employment”, the Judge says.

Both parties are advised to be prepared factually to address the Court’s concerns regarding the sexual harassment causes of action.

From July 2, 2012, to September 2, 2014, Nachmany was employed by FXCM as a Systems Engineer. During all relevant times, Seth Lyons worked at FXCM as a Senior Systems Engineer. At all relevant times in this matter, Ryan Leonard worked at FXCM as Director of Productions Engineering and subsequently Chief Information Officer.

Nachmany claims that, during his tenure at FXCM, he was subjected to a multitude of demeaning and derogatory comments and actions that specifically attacked his national origin, religion, sex, as well as constantly being subjected to harassing behavior that was offensive.

For instance, Leonard posted a derogatory message on the white board that was centrally located in FXCM’s space IT Department. The message read: “Alon is a dick. Why won’t he shut the fuck up? That is all asshole.” This posting remained for nearly two months in the face of Nachmany’s requests for the posting to be removed. In addition, Nachmany was often berated with phrases like “meat spin”, “lemon party” and “tub girl” (Readers are advised to refrain from searching these phrases online – Ed.).

Also, Leonard taunted Nachmany for his abstention from eating pork products by placing such products in and around Nachmany’s work space. Additionally, Leonard and Lyons mocked Nachmany during a period of tumult in the ongoing Israeli/Palestinian conflict, when rockets were being launched in the Israeli territory.

The plaintiff is now seeking, inter alia, compensatory damages in the amount of $400,000.

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