Retaliation

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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
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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
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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
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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
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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
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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
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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
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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
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In Olivier v. County of Rockland et al, No. 15-CV-8337 (KMK), 2019 WL 2502349 (SDNY June 17, 2019), the court held that plaintiff presented sufficient evidence to overcome defendants’ motion for summary judgment. The court explained the legal standard applicable to the third (“pretext”) step of the three-step burden-shifting framework applicable to Title VII retaliation…

Read More Retaliation Claim Survives Summary Judgment; Court Cites (e.g.) Weaknesses and Inconsistencies in Defendants’ Proffered Non-Retaliatory Reasons
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In Kubersky v. Cameron Indus., Inc., 2019 NY Slip Op 04882 (App. Div. 1st Dept. June 18, 2019), a retaliation case brought under New York Labor Law 215, the court affirmed the denial of defendants’ summary judgment motion on the ground that plaintiff did not provide timely notice to the Attorney General of her action.…

Read More Wage Retaliation Statute’s Attorney General Notice Provision Was Not a Condition Precedent to Suit, First Department Holds
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