Retaliation

In Crookendale v. New York City Health & Hosps. Corp., 2019 NY Slip Op 06446 (App. Div. 1st Dept. Sept. 3, 2019), the court held that plaintiff’s NYC Human Rights Law gender discrimination should not have been dismissed. From the decision: The motion court should not have dismissed the claim of gender discrimination while sustaining…

Read More NYCHRL Gender Discrimination Claim Should Not Have Been Dismissed, 1st Department Holds

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 Causation

In a particularly disturbing development, it is reported that a plaintiff in a wage-and-hour FLSA lawsuit – plaintiff Xue Hui Zhang, suing his former employer, Albany restaurant Ichiban, for $200,000 in back wages – was detained by Immigration & Customs Enforcement (ICE) agents during a deposition. As indicated in the above-linked news article (dated August…

Read More FLSA Plaintiff Detained by ICE During Deposition

In Young v. Town of Islip et al, 2019 WL 3412113 (E.D.N.Y. July 29, 2019) – in which plaintiff asserted, inter alia, claims of race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964 – the court denied plaintiff’s motion for a new trial under Federal Rule of Civil…

Read More Verdict Sheet Did Not Confuse Jury in Race Discrimination/Hostile Work Environment Claim, Court Holds

In Nana v. Le Viking LLC d/b/a Bistro Chez Lucienne, 17-CV-928, 2019 WL 3244181 (SDNY July 19, 2019), the court, inter alia, held that plaintiff was entitled to $5,000 in emotional  distress damages on his retaliation claims under the Fair Labor Standards Act and the New York Labor Law. The court noted that “[a]lthough the…

Read More Emotional Distress Damages of $5,000 Awarded in Wage Retaliation Case

In Wright v. Ad Pepper Media USA, LLC, 2019 NY Slip Op 31898(U), 152538/2015 (Sup. Ct. NY Cty. July 1, 2019), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s retaliation claim under the New York City Human Rights Law. From the decision: Plaintiff claims in his first cause of action that…

Read More Retaliation Claim Survives Summary Judgment; Triable Issues Exist as to Causation

Recently, the Second Circuit, in Legrand v. Walmart Stores East, LP, 2019 WL 3026881 (2d Cir. July 11, 2019) (Summary Order) held, inter alia, that one plaintiff sufficiently alleged discrimination, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, 42 U.S.C. § 1981,…

Read More Discrimination, Hostile Work Environment Claims (Based on Behind-the-Back Comments) Sufficiently Alleged, Court Holds

In Taylor v. Metropolitan Transportation Authority, 18-CV-1278, 2019 WL 2766502 (S.D.N.Y. July 2, 2019), the court discussed a common discovery issue in employment discrimination cases, namely, the extent to which a plaintiff may obtain through discovery entity-wide complaints of discrimination. In this case, plaintiff asserts claims of discrimination and retaliation, and specifically that her supervisor…

Read More Court Denies Motion to Compel Discovery of Religious Discrimination Complaints, Pending Supplemental Information Relating to FRCP 26(b)(1) Proportionality

In Osuan v. City of New York et al, 2019 WL 2544866, at *4 (S.D.N.Y. June 20, 2019), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of retaliation under 42 U.S.C. 1981. From the decision: Here, Osuan lodged a complaint with human resources about Martin’s behavior and was terminated without explanation only…

Read More Section 1981 Retaliation Claim Sufficiently Alleged; Termination Two Weeks After HR Complaint Plausibly Indicated Causation