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Retaliation

In Fratello v. Archdiocese of New York, St. Anthony’s Shrine Church, and St. Anthony’s School, No. 16-1271, 2017 WL 2989706 (2d Cir. July 14, 2017), the Second Circuit affirmed the dismissal of the Title VII gender discrimination and retaliation claims brought by plaintiff, a former Roman Catholic school principal, under the “ministerial exception”. The Second Circuit, addressing […]

In Falcon v. City University of New York, 15-cv-3421, 2017 WL 2982980, (E.D.N.Y. July 10, 2017), the court held that plaintiff sufficiently alleged a claim of retaliation under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has alleged sufficient facts to survive 12(b)(6) scrutiny regarding retaliation against her internal complaint […]

In a terse Summary Order captioned Leena Varughese, M.D. v. Mount Sinai Medical Center et al, No. 15-1328, 2017 WL 2889483 (2d Cir. July 7, 2017), the Second Circuit affirmed the lower court’s judgment dismissing plaintiff’s discrimination, hostile work environment, and retaliation claims. From the Order: Review of the record and relevant case law here […]

In Padilla v. Yeshiva Univ., No. 16-4086-CV, 2017 WL 2347567 (2d Cir. June 2, 2017), the Second Circuit vacated the district court’s judgment that plaintiff failed to plausibly allege (1) retaliation under the Family and Medical Leave Act (FMLA) and (2) disability discrimination under the New York City Human Rights Law. Initially, the court summarized […]

In Goonewardena v. N.Y. Workers Comp. Bd., No. 09-CV-8244 (RA), 2017 WL 2799171, at *13 (S.D.N.Y. June 28, 2017), the court granted defendants’ motion for summary judgment on plaintiff’s retaliation claims under Title VII, the NYSHRL, and the NYCHRL. Plaintiff established a prima facie case of retaliation.  Among other things, plaintiff demonstrated that he “was […]

In Culleton v. Honeywell International, Inc., No. 15-cv-3739, 2017 WL 2817101 (E.D.N.Y. June 29, 2017), the court dismissed plaintiff’s gender and age-based employment discrimination claims. Plaintiff’s negative evaluations were not “adverse employment actions” actionable under the law: In the context of a discrimination claim, negative evaluations, criticism and unwanted scrutiny are not adverse employment actions […]

In Brunache v. MV Transp., Inc., 2017 NY Slip Op 05196 (App. Div. 2d Dept. June 28, 2017), the court held (inter alia) that plaintiff – a paratransit van driver who sued after not being reinstated following his dismissal following an investigation into a sexual harassment complaint against him by a passenger – did not state […]

In Irrera v. University of Rochester, No. 16-2004, 2017 WL 2587324 (2d Cir. June 15, 2017), the Second Circuit held that the plaintiff – a piano student at the Eastman School of Music at the University of Rochester – plausibly alleged a claim of retaliation for complaining of sexual harassment by his teacher (defendant Dr. […]

In Wooding v. Winthrop University Hospital et al, No. 16-cv-4477, 2017 WL 2559942 (E.D.N.Y. June 12, 2017) (J. Spatt), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s claims under Federal Rule of Civil Procedure 12(b)(6). It held that plaintiff plausibly alleged various claims, including race discrimination, retaliation, and hostile […]

In Bantamoi v. St. Barnabas Hosp., 146 A.D.3d 420, 420–21, 44 N.Y.S.3d 398, 399 (N.Y. App. Div. 1st Dept. Jan. 3, 2017), the Appellate Division, First Department unanimously affirmed the dismissal of plaintiff’s retaliation claim under the NYC Human Rights Law. This case addresses one issue that arises in most, if not all, retaliation cases: […]