Retaliation

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In Coello v. The Riese Organization Inc., 2018 WL 1051730 (N.Y.Sup.), 2-3, 2018 N.Y. Slip Op. 30309(U) (N.Y. Sup. Ct. Bx. Cty. jan. 5, 2018), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of race discrimination, retaliation, and hostile work environment under the New York State and City Human Rights…

Read More Race Discrimination, Hostile Work Environment, and Retaliation Claims Continue Against The Riese Organization
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In Knight v. State University of New York at Stony Brook, 880 F.3d 636 (2d Cir. Jan. 29,  2018), the Second Circuit held that “a trial court does not commit error by submitting the question of whether the plaintiff was the defendant’s employee to the jury.” In this case, plaintiff (an African-American electrician) sued Defendant…

Read More 2d Circuit: Jury May Decide Whether Plaintiff Was an “Employee” or “Independent Contractor” in Title VII Retaliation Suit
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In Hausdorf v. New York City Department of Education, 2018 WL 895657 (S.D.N.Y. Feb. 14, 2018), the court adopted a Report & Recommendation as to plaintiff’s age discrimination and retaliation claims.((The court also upheld the dismissal of plaintiff’s hostile work environment claims (as insufficiently “hostile”) other claims under the NYCHRL’s election-of-remedies doctrine and failure to…

Read More Teacher/Coach’s Age Discrimination, Retaliation Claims Survive Dismissal
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In a recently-filed lawsuit, captioned Lauren Bonner v. Point72 Asset Management, L.P., Steven A. Cohen, et al (SDNY 18-cv-1233 filed 2/12/18), plaintiff asserts, among other things, that defendant engaged in gender discrimination by, e.g., holding “no girls allowed” meetings and paying female employees “substantially less than their male counterparts.” She also alleges that the President…

Read More Gender Discrimination Lawsuit Against Point72 Asset Management, Steven Cohen
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In Giove v. City of New York, 15-cv-2998, 2018 WL 736008 (E.D.N.Y. Feb. 5, 2018), the court addressed whether sexual orientation discrimination and retaliation claims brought by a teacher were barred by collateral estoppel due to a prior finding at a hearing pursuant to NY Education Law § 3020-a. Under the facts of this case, the…

Read More Sexual Orientation Discrimination & Retaliation Claims Not Barred By Adverse 3020-a Hearing Determination
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In Pertillar v. AAA Western and Central New York, 16-238, 2018 WL 583115 (N.D.N.Y. Jan. 26, 2018), the court dismissed plaintiff’s race discrimination and hostile work environment claims, but held that plaintiff sufficiently alleged retaliation. The court summarized the requirements for pleading retaliation: A plaintiff claiming retaliation under Title VII [of the Civil Rights Act…

Read More Retaliation Claim Sufficiently Alleged, Based on “Very Close” Temporal Proximity Between Protected Activity & Adverse Action
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In Canty v. The Dept. of Educ. of the City of New York (Sup. Ct. Kings Cty. 500257/2015 Feb. 1, 2018), the court held, inter alia, that plaintiff – a 61 year-old, African teacher – stated a cause of action for retaliation and discrimination under the NYC Human Rights Law. In sum, the court held that…

Read More Teacher States Age/Race Discrimination and Retaliation Claims Under the NYCHRL
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From French v. County of Erie, 2018 WL 647470, at *1 (W.D.N.Y., 2018): It is undisputed that the defendants met their burden of production of legitimate, non-retaliatory reasons for plaintiff French’s termination under the McDonnell Douglas burden-shifting framework. See Bucalo v. Shelter Island Union Free Sch. Dist., 691 F.3d 119, 130 n.6 (2d Cir. 2012) (citing…

Read More Retaliation Claim Survives Summary Judgment
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In Picarella v. HSBC Securities (USA) Inc., 2018 WL 627517 (2d Cir. Jan. 31, 2018) (Summary Order) – an employment discrimination case – the Second Circuit declined to upset a jury verdict and resulting judgment in favor of defendant HSBC. Plaintiff asserted claims of retaliation under Title VII of the Civil Rights Act of 1964…

Read More 2d Circuit Declines to Award New Trial in Employment Discrimination Case; Defense Counsel’s Opening Statement Was Not Improper
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In Figueroa v. KK Sub II et al, 15-cv-6526, 2018 WL 573571 (W.D.N.Y. Jan. 26, 2018), the court (inter alia) denied defendant’s motion for summary judgment as to plaintiff’s retaliatory termination claims under Title VII and the New York State Human Rights Law. In sum,[1]As always, this is a brief summary of the facts of…

Read More Retaliatory Termination Case Survives Summary Judgment; Evidence Included instruction to “Keep An Eye On” Plaintiff
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