Nederlander Employee Lawsuit Alleges Discrimination and Retaliation

A former Nederlander employee has filed a federal lawsuit alleging racial and gender discrimination, harassment, and retaliation at the Lena Horne Theatre.

The complaint, filed January 2nd, 2026 in the U.S. District Court for the Southern District of New York, was brought by Marcela Tovar, who has worked as a cleaner at the theater since October 2024. The lawsuit asserts claims under 42 U.S.C. § 1981 and the New York City Human Rights Law.

According to the filing, Tovar alleges she was subjected to a hostile work environment based on race and gender, including repeated verbal harassment, racially charged language, and physical intimidation. The complaint names Nederlander Producing Company of America and several individual supervisors and managers as defendants.

The lawsuit details an incident in March 2025 in which a male co-worker allegedly entered the women’s bathroom while Tovar was inside and behaved in a threatening manner. The complaint states that Tovar reported the incident and raised concerns about the co-worker’s alleged history of violence, but claims no meaningful disciplinary action was taken beyond transferring the individual to another location.

The filing also describes multiple complaints against a supervising employee, alleging repeated use of racially derogatory language, including referring to Hispanic employees as "you people," and subjecting Tovar to heightened scrutiny and criticism. The lawsuit alleges that on November 5, 2025, the supervisor physically blocked Tovar from leaving a bathroom during a confrontation, an incident the complaint characterizes as "physical detainment."

Tovar alleges that she reported these incidents multiple times to management and labor relations personnel. According to the complaint, company representatives acknowledged that certain language could be considered offensive but characterized the disputes as misunderstandings. The lawsuit claims that no corrective action was taken and that the alleged harassment intensified after complaints were made.

The suit seeks compensatory and punitive damages, attorneys’ fees, and injunctive relief, and requests a jury trial. Tovar remains employed at the theater, according to the filing.