In Triana v. Sodexo, Inc., 2018 WL 6413151, at *7 (S.D.N.Y., 2018), the court, inter alia, dismissed plaintiff’s First Amendment retaliation claim. The court provides the following summary of the relevant law: Where a plaintiff claims that he or she was retaliated against in violation of the First Amendment, he or she must demonstrate that “(1)…
Read More First Amendment Retaliation Claim DismissedFrom Coyle v. College of Westchester, Inc., 2018 NY Slip Op 07699, 2018 NY Slip Op 07699 (App. Div. 2d Dept. Nov. 14, 2014): We agree with the Supreme Court’s determination to grant that branch of the defendants’ motion which was to dismiss the cause of action alleging violation of Labor Law § 740, commonly known as…
Read More Court Affirms Dismissal of Labor Law 740 Whistleblower Law ClaimIn Mazzeo v. Mnuchin, 17-cv-2686, 2018 WL 4492847 (2d Cir. Sept. 19, 2018) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s retaliation claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Rehabilitation Act. The court summarized the law: In order to…
Read More Retaliation Claim Properly Dismissed Against IRS; Disciplinary Threat Was Not an “Adverse Employment Action”In Byfield-Aboagye v New York City Dept. of Educ., 2018 NY Slip Op 32644(U) (NY Sup. Ct. NY Cty. Index 158036/2016 Oct. 10, 2018), the court dismissed plaintiff’s (a probationary principal) discrimination and retaliation claims – specifically, by denying her Article 78 petition seeking reinstatement. From the decision: Petitioner speculates that discrimination may have played a role in…
Read More Probationary Principal’s Discrimination Claims RejectedIn Mauze v. CBS Corporation, 15-CV-4905, 2018 WL 5115564 (E.D.N.Y., 2018), the court, inter alia, denied defendant’s motion for summary judgment as to her retaliation claims. In reaching this conclusion, the court explained: [Plaintiff] has … established a sufficient causal connection between her engagement in protected activity and her termination. See Gordon v. NYC Bd.…
Read More Retaliation, But Not Discrimination, Claims Survive Summary Judgment Against CBSIn Lues v. City of New York, 2018 NY Slip Op 32546(U), Index No. 161923/2013 (NY Sup. Ct. NY Cty. Oct. 5, 2018), the court held that plaintiff’s retaliation, but not gender and nationality-based discrimination, claims survived summary judgment. With respect to her discrimination claims, the court noted, inter alia, the absence of “evidence demonstrating that…
Read More Retaliation Claim Continues Against City of New York; Court Cites Changed Demeanor After Learning of LawsuitIn Schwartz v. Integrated Dental Sys., LLC et al, 2018 NY Slip Op 32574(U), Index No. 157816/2017 (Sup. Ct. NY Cty. Oct. 12, 2018), plaintiff asserted claims of age discrimination, gender discrimination, sexual harassment, and retaliatory termination against various defendants, including two entities: Integrated Dental Systems and Megagen USA. In 2013, IDS bought the assets of Megagen…
Read More Sexual Harassment and Other Claims Discontinued Against Predecessor EntityIn Rodriguez v. 308 Hull LLC, 2018 NY Slip Op 32457(U), 451200/2018 (NY Sup. Ct. NY Cty. Sept. 27, 2018) (J. Tisch), the court held that plaintiff made out a prima facie case of housing discrimination under the New York City Human Rights Law, and was entitled to injunctive relief. The court summarized the governing…
Read More Housing Discrimination Claim Stated, and Injunction Issued, Based on Limitation to “Working Section 8” ResidentsIn a recently-filed lawsuit against the WeWork Companies (copy below), the plaintiff alleges, inter alia, that plaintiff was twice sexually assaulted by male WeWork employees at company-wide events which, according to the complaint, “are as notorious as its free beer-all-day and mandatory happy hour policies.”
Read More Sexual Harassment Lawsuit Against WeWorkIn a recent case, Aguilar v. Struhl-Nasjletti, 2018 NY Slip Op 32410(U) (NY Sup. Ct. Bx. Cty Index 0023250/2016 May 18, 2018), the court held, inter alia, that plaintiff guidance counselor sufficiently alleged a retaliation claim under the New York City Human Rights Law. In sum, plaintiff alleged that after filing a lawsuit in 2012 accusing…
Read More Retaliation Claim Sufficiently Alleged Against Principal Under the NYC Human Rights Law