Retaliation

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In Garcia v. Yonkers Board of Education, 2018 WL 4007648 (S.D.N.Y. Aug. 21, 2018), the court, inter alia, dismissed plaintiff’s retaliation complaint. Plaintiff alleged that she was terminated in retaliation for her complaints of sexual harassment. Applying the McDonnell-Douglas burden-shifting framework, the court held that plaintiff could not establish a prima facie case, and even if she…

Read More Retaliation Claim Based on Sexual Harassment Complaints Dismissed; Court Cites Intervening Causes, Severing the Chain of Causation
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In a recently-filed lawsuit, captioned Johnna Ayres v. Bloomberg L.P. Michael Bloomberg, and Lawrence Diamond, N.Y. Sup. Ct., Kings Cty., Index No. 517214/2018, filed Aug. 23, 2018, the plaintiff alleges various claims – including sex discrimination (disparate treatment and disparate impact), age discrimination (disparate treatment and disparate impact), hostile work environment, and retaliation against Bloomberg…

Read More Discrimination Lawsuit Against Bloomberg et al
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In Rice v. Smithtown Volkswagen, 2018 WL 3848923 (E.D.N.Y. Aug. 13, 2018), the court held that plaintiff sufficiently pleaded claims for “quid pro quo” sexual harassment, hostile work environment sexual harassment, and retaliation under Title VII of the Civil Rights Act of 1964. (In this post I will discuss the court’s assessment of plaintiff’s “quid pro…

Read More Quid Pro Quo Sexual Harassment Claim Stated Against Smithtown Volkswagen
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Starting September 6, 2018, all New York City employers will be required to display an anti-sexual harassment rights and responsibilities poster and develop a sexual harassment information sheet to be distributed to individual employees at the time of their hire. This amendment, which is part of the Stop Sexual Harassment in NYC Act, will be codified at N.Y.C. Administrative…

Read More NYC Sexual Harassment Poster Requirement
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In a Bronx Supreme Court lawsuit, captioned White v. Lighthouse Academies, Inc., INdex No. 29057/2018E (filed August 6, 2018), plaintiff – a teacher – alleges that she was subjected to retaliation following her complaints about sexually inappropriate comments by a student.

Read More Lawsuit: Teacher Alleges Retaliation Following Complaints of Sexual Harassment by Studen
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In Abreu et al v. Fairway Market LLC et al, 17-cv-9532, 2018 WL 3579107 (S.D.N.Y. July 24, 2018), the court granted defendants’ motion to compel arbitration of plaintiffs’ employment discrimination claims under the  Federal Arbitration Act, 9 U.S.C. § 1 et seq. In this case, plaintiffs alleged “that Fairway Market and its employees discriminated and…

Read More Court Grants Motion to Compel Arbitration; Economic Duress Argument Rejected
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In Fields v. New York City Health and Hospital Corporation, 17-cv-6042, 2018 WL 3518506 (E.D.N.Y. July 20, 2018), the U.S. District Court for the Eastern District of New York, inter alia, dismissed plaintiff’s claims of race and national origin discrimination under Title VII of the Civil Rights Act of 1964 and the New York City Human…

Read More Discrimination, Hostile Work Environment, Retaliation Claims Dismissed Against NYC Health & Hospital Corporation
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in Tillery v. New York State Office of Alcoholism and Substance Abuse Services, 2018 WL 3098881 (2d Cir. June 25, 2018) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s disparate treatment, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964. As to her disparate treatment claim, plaintiff…

Read More Race Discrimination, Hostile Work Environment, Retaliation Claims Properly Dismissed Against NYS Office of Alcoholism & Substance Abuse Services
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In Napoleoni v. NYC Dept. of Parks & Recreation et al, 18-cv-2578, 2018 WL 3038502 (E.D.N.Y. June 18, 2018), the court, inter alia, dismissed plaintiff’s claims of race discrimination, age discrimination, and retaliation. Here is an excerpt from the decision, reflecting the court’s reasoning as to plaintiff’s discrimination claims: The Complaint fails to allege a race or…

Read More Court Dismisses Age/Race Discrimination and Retaliation Claims Against the NYC Dept. of Parks and Recreation, DC 37 Union
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