In Laface v. Eastern Suffolk BOCES, 2020 WL 2489774 (EDNY May 14, 2020) (J. Spatt), the court, inter alia, granted plaintiff leave to amend his complaint to supplement his retaliation claim under the Americans with Disabilities Act (ADA). The court outlined the relevant law: To succeed in an ADA retaliation claim, a plaintiff must prove…
Read More ADA Retaliation Claim May Be Supplemented in Amended ComplaintIn Zabar v. New York City Department of Education, 2020 WL 2423450 (S.D.N.Y. May 12, 2020) (J. Gardephe), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claim asserted under the Americans with Disabilities Act (ADA). From the decision: Plaintiff claims that she engaged in protected activity in the summer of 2016, when…
Read More NYC Teacher’s ADA Retaliation Claim Survives DismissalIn Rasmy v. Marriott International, Inc., 952 F.3d 379 (2d Cir. March 6, 2020), the court vacated the district court’s grant of summary judgment to defendant on plaintiff’s hostile work environment and retaliation claims. Here I will discuss the court’s evaluation of plaintiff’s hostile work environment claim. In particular, the court faulted the lower court…
Read More 2d Circuit Vacates Summary Judgment Dismissal of Hostile Work Environment Claim; District Court Applied Improperly “Rigid” TestIn Wright v. Whitsons Culinary Group, 20-cv-667, 2020 WL 1957529 (EDNY April 23, 2020), the court, inter alia, dismissed plaintiff’s complaint as it did not sufficiently/plausibly allege that he was subjected to retaliation in violation of Title VII of the Civil Rights Act of 1964. (I discussed the discrimination portion of the decision here.) From…
Read More Title VII Retaliation Claim Dismissed; Supervisor Dispute Did Not Constitute Sufficient OppositionIn a recent decision, Sanders v. New World Design Build, Inc. et al, 19-CV-1071, 2020 WL 1957371 (S.D.N.Y. April 23, 2020) – an employment discrimination and retaliation case – the court declined to exercise jurisdiction over defendants’ counterclaims. Defendants’ defamation counterclaim, for example, alleges that Plaintiff defamed them when he spoke with Defendant about his…
Read More Court Declines to Exercise Supplemental Jurisdiction Over Malicious Prosecution and Defamation Counterclaims in Discrimination & Retaliation CaseIn Thomas v. Jonathan Mintz et al, No. 103397/11, 11405, 2020 N.Y. Slip Op. 02367, 2020 WL 1942218 (N.Y.A.D. 1 Dept. Apr. 23, 2020), the court modified a lower court decision to deny defendant’s motion to dismiss plaintiff’s retaliation claim, but upheld its dismissal of plaintiff’s hostile work environment and discrimination claims, under the New…
Read More Retaliation Claim Survives Dismissal; Hostile Work Environment and Discrimination Claims DismissedIn Sosa v. New York City Department of Education, 18-cv-411, 2020 WL 1536348 (E.D.N.Y. March 31, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of retaliation under the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL), based…
Read More Retaliation Claim Survives Dismissal Against NYC DOEIt was recently reported that Amazon terminated a Staten Island-based warehouse employee after he participated in a worker walkout protesting the company’s response to apparent incidents of coronavirus in the facility. New York’s Attorney General is looking into whether this constitutes unlawful retaliation. (See also, Law360, March 30, 2020, “Amazon, Instacart Workers Strike Over COVID-19…
Read More Amazon Allegedly Fires Employee For Raising Coronavirus ConcernsIn Bauman v. Mount Sinai Hospital, 2020 NY Slip Op 01964 (App. Div. 1st Dept. March 19, 2020), the court unanimously affirmed the lower court’s Order dismissing (on summary judgment) plaintiff’s claims that he was subjected to religion-based discrimination and retaliation under the New York City Human Rights Law. As to plaintiff’s discrimination claim, the…
Read More Religious Discrimination Claim Dismissal Affirmed Against Mt. Sinai HospitalIn Eyuboglu v. Gravity Media, LLC, 2020 WL 1280675 (2d Cir. March 17, 2020) (Summary Order), the court affirmed the dismissal of plaintiff’s employment discrimination claims under Title VII of the Civil Rights Act of 1964. The court based its decision, in part, on the so-called “stray marks” doctrine: “While discriminatory remarks may constitute evidence of…
Read More Citing “Stray Remarks” Doctrine, 2d Circuit Affirms Dismissal of Employment Discrimination Claims