Former Mercedes-Benz sales consultant sues over alleged sexual harassment and toxic workplace culture


Attorney Joshua P. Frank of the Law Office of Joshua P. Frank, PLLC | The Law Office of Joshua P. Frank, PLLC

A former employee has filed a lawsuit against Mercedes-Benz USA, LLC, TT of Massapequa, Inc., and Automotive Management Services, Inc., alleging severe sexual harassment and discrimination during her employment.

The case centers around accusations by plaintiff Talita Paulino of sex discrimination under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Paulino claims she endured persistent sexual harassment from her supervisor, Marc Kimmel, during her employment as a Sales Consultant at Mercedes-Benz of Massapequa. She alleges that Kimmel's behavior created a hostile work environment that led to her constructive discharge. The complaint details how Kimmel made inappropriate advances toward Paulino shortly after she began working there in April 2024. In one instance, he asked personal questions about her dating life during a test drive and later attempted to kiss her despite her clear refusals.

Paulino describes an environment where female employees were subjected to unwanted physical contact and lewd comments by male managers. She recounts instances where Kimmel stroked female colleagues' buttocks and made sexually suggestive remarks. Furthermore, she alleges that certain female customers received discounts in exchange for sexual favors from Kimmel and another employee, Eric Walker. Walker reportedly boasted about these encounters in front of other staff members.

The plaintiff asserts that management was aware of this toxic culture but failed to take action. Despite reporting the harassment to colleagues Nicole Del Pozzo and Brooke Helmsorig, who confirmed witnessing similar behavior, no formal complaints were pursued due to fear of retaliation. Paulino's resignation on October 14, 2024, was prompted by an untenable work environment exacerbated by ongoing harassment and management's complicity.

Paulino seeks various forms of relief from the court: a declaration that the defendants engaged in unlawful employment practices; compensation for economic losses such as lost sales opportunities; damages for emotional distress; punitive damages; and coverage for attorney’s fees and legal costs.

The plaintiff is represented by attorney Joshua P. Frank of the Law Office of Joshua P. Frank, PLLC. The case was filed in the United States District Court for the Eastern District of New York under Case ID 2:25-cv-01602.

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