In a recent decision, Harris, Katherine Brooks et al v. Charlie Rose et al, Sup. Ct. NY Cty. Index No. 154172/2018 (filed Oct. 10, 2019), the court granted defendants’ motion to dismiss plaintiffs’ cause of action for retaliation under the New York City Human Rights Law, N.Y.C. Admin. Code § 8-101 et seq. The court…
Read More Court Dismisses NYCHRL Retaliation Claim Against Charlie RoseIn Mercedes v. New York City Department of Education, 2019 WL 4926968 (2d Cir. 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s gender discrimination, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964. With respect to the gender discrimination claim, after summarizing the relevant law, applied…
Read More Gender Discrimination Dismissal Affirmed; Court Cites Lack of Discriminatory Comments and Equivalent Treatment to MalesIn Murphy v. City of Newburgh, 2019 WL 4855691 (2d Cir. Oct. 2, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. While plaintiff did complain of certain treatment, her complaints did not amount to legally-actionable “protected activity.” The court…
Read More 2d Circuit Affirms Dismissal of Title VII Retaliation Claim; Disconnect From Gender Means No “Protected Activity”In Akinde v. NYC Health & Hospital Corp. et al, 16-cv-8882, 2019 WL 4392959 (S.D.N.Y. Sept. 13, 2019), the court held, inter alia, that plaintiff sufficiently alleged discrimination and retaliation under Title VII of the Civil Rights Act and the Americans with Disabilities Act. Judge Woods summarized the relevant legal standard(s):[1]Paragraphing added. To establish a…
Read More Complaint Sufficiently Alleges Title VII and ADA Discrimination & Retaliation Claims, Court FindsIn 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 HoldsRetaliation, 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 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 DepositionIn 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 HoldsIn 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