Retaliation, in the employment discrimination context, has a very specific meaning – namely, subjecting an employee to one or more “adverse employment actions” because the employee engaged in “protected activity.” Frequently, retaliation occurs during the course of employment. But what about retaliation after the employee has left the employer? Courts recognize that “Title VII prohibits…
Read More Post-Employment Retaliation; “Blacklisting”In Jordan v. United Health Group Inc., No. 18-2268, 2019 WL 4071943 (2d Cir. Aug. 29, 2019) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. Here, plaintiff contends that she was terminated in retaliation for filing a charge with…
Read More 2d Circuit Affirms Dismissal of Title VII Retaliation Claim; More Than One-Year Gap Too Attenuated to Show CausationIn Jordan v. United Health Group Inc., No. 18-2268, 2019 WL 4071943 (2d Cir. Aug. 29, 2019) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court briefly summarized the law: “A hostile work environment…
Read More 2d Circuit Affirms Dismissal of Race-Based Hostile Work Environment ClaimIn Jordan v. United Health Group Inc., No. 18-2268, 2019 WL 4071943 (2d Cir. Aug. 29, 2019) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. After briefly summarizing the law – namely, that “[t]o prevail on [a…
Read More 2d Circuit Affirms Dismissal of Title VII Race Discrimination Claim; Absent/Tardy Co-Worker Comparators Were Not “Similarly Situated”In Alvarado v. Mount Pleasant Cottage School District et al, 2019 WL 4039149 (S.D.N.Y. August 27, 2019), the court, inter alia, dismissed plaintiff’s race and national origin-based hostile work environment claim. The court summarized plaintiff’s allegations as follows: Here, Plaintiff has pointed to four incidents, perpetuated by Defendant Sheppard, that support her race/national origin-based hostile-work-environment…
Read More Hostile Work Environment Not Sufficiently Alleged, Notwithstanding Tasteless, Mean, Ignorant, and Biased CommentsIn Coku v. The New York Presbyterian Hospital et al, 17-cv-2488, 2019 WL 3779507 (S.D.N.Y. Aug. 12, 2019), the court, inter alia, dismissed plaintiff’s hostile work environment claim. After summarizing the relevant legal standards, and noting that “the standard for establishing a hostile work environment is high”, the court noted that plaintiff did not meet…
Read More Hostile Work Environment Claim Dismissed; Alleged Mistreatment Was Not Due to Protected CharacteristicIn Tulino v. City of New York, 15-cv-7106 (JSR), 2019 WL 3810975 (S.D.N.Y. 2019) – an employment discrimination / hostile work environment case – a jury awarded plaintiff damages for emotional distress in the amounts of $1.5 million for her hostile work environment claim, and $500,000 for her retaliation claim. The court, employing the procedural…
Read More Court Remits $2M Hostile Work Environment / Retaliation Verdict to $1.25MIn Pulizotto v. McMahon et al, 2019 WL 3997681 (S.D.N.Y. Aug. 23, 2019), the court, inter alia, dismissed plaintiff’s sexual orientation-based hostile work environment claim. From the decision: Claims 9 and 10 allege [defendant] created a hostile work environment for Pulizotto and discriminatorily transferred him based on his sexual orientation in violation of the NYSHRL.…
Read More Sexual Orientation-Based Hostile Work Environment Claim Dismissed; Conduct Amounted to “Isolated Acts”In Menaker v. Hofstra University, 18-3089-cv, 2019 WL 3819631 (2d Cir. Aug. 15, 2019), the Second Circuit vacated the dismissal of plaintiff’s sex discrimination claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized its holding(s) as follows: (1) Where a university (a) takes an adverse employment action against an…
Read More Second Circuit Vacates Dismissal of Hofstra Tennis Coach’s Sex Discrimination ClaimA recent decision, Matter of Floriano-Keetch v New York State Div. of Human Rights, 2019 NY Slip Op 06282 (App. 4th Dept. Aug. 22, 2019), illustrates the procedure following a “no probable cause” determination by the New York State Division of Human Rights (SDHR). The court explained: Where, as here, SDHR renders a determination of…
Read More NYSDHR’s “No Probable Cause” Finding Upheld in Caregiver Discrimination Case