In Swiderski v. Urban Outfitters, 14-cv-6307 (SDNY Dec. 18, 2017), the court held that plaintiff presented enough evidence of sexual harassment to survive summary judgment. This case arose from sexual harassment by, inter alia, a customer and by a loss prevention agent employed by defendant. Here is the decision:
Read More Sexual Harassment Claim Survives Against Urban OutfittersIn Novio v. The New York Academy of Art et al, 2017 WL 6398746 (S.D.N.Y. Dec. 13, 2017), the court granted in part and denied in part defendants’ motions to dismiss plaintiff’s claims for sex discrimination, sexual harassment, hostile educational environment, unlawful retaliation, and breach of contract. She asserted her discrimination and retaliation claims under…
Read More Student’s Sexual Harassment, Retaliation Claims Survive Against SchoolIn Young v. Town of Islip et al, 2017 WL 5468752 (E.D.N.Y. Nov. 13, 2017), the court explained the difference between an “adverse employment action” in the discrimination context, vs. an “adverse employment action” in the retaliation context. The court held that the jury instructions on plaintiff’s retaliation claims – but not her race discrimination…
Read More New Trial on Retaliation Claims Granted Due to Erroneous Jury Charge; Alleged Incidents Should Have Been Considered in the AggregateIn Croci v. Town of Haverstraw et al, 2017 WL 6311697 (S.D.N.Y. Dec. 8, 2017), the court dismissed plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. The court held that plaintiff failed to make out a prima facie case of retaliation – and, in particular, that the requisite “temporal proximity”…
Read More Title VII Retaliation Claim Dismissed; Temporal Proximity Between “Protected Activity” and “Adverse Employment Action” LackingIn a recently-filed lawsuit, captioned Athar v. The Museum of Jewish Heritage et al (SDNY 17-cv-9491 Dec. 7, 2017), the plaintiff – a Pakistani-American Muslim – alleges that the defendants (including the Museum of Jewish Heritage) discriminated against him based upon his race, religion, and national origin, and retaliated against him, in violation of Title…
Read More Race/Religion/National Origin Discrimination Lawsuit Against the Museum of Jewish HeritageIn Petit v. Department of Educ. of the City of N.Y., 2017 NY Slip Op 32541(U), 155523/2016 (Sup. Ct. NY Cty. Dec. 1, 2017), the court dismissed plaintiff’s claims for discrimination, hostile work environment, and retaliation in violation of the New York State and City Human Rights Laws. Here I will discuss the court’s evaluation of plaintiff’s discrimination…
Read More Transfer to “Absent Teacher Reserve” Was Not an “Adverse Employment Action”; Discrimination Claim DismissedIn Antrobus v. New York City Department of Sanitation, 16-3490-cv, 2017 WL 5952699 (2d Cir. Dec. 1, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s discrimination, hostile work environment, and retaliation claims. As to plaintiff’s hostile work environment claim, the court explained: With regard to hostile work environment, Antrobus asserted that egregious…
Read More Discrimination, Hostile Work Environment, Retaliation Claims Properly Dismissed as Time-Barred and Other ReasonsIn Keceli v. Yonkers Racing Corp., 2017 NY Slip Op 08359, 2017 WL 5762297 (N.Y.A.D. 2 Dept. Nov. 29, 2017), the Appellate Division, Second Department affirmed the dismissal of plaintiff’s sexual orientation discrimination and retaliation claims under the New York State Human Rights Law. As to plaintiff’s sexual orientation discrimination claim, the court explained the law,…
Read More 2d Dept. Affirms Dismissal of Sexual Orientation Discrimination, Retaliation Claims Under the NYS Human Rights LawIn Martinez v. Davis Polk & Wardwell LLP, 2017 WL 5592281 (2d Cir. Nov. 21, 2017), the Second Circuit affirmed the dismissal of plaintiff’s Title VII race-based pay discrimination and retaliation claims. (Here I’ll focus on the court’s evaluation of plaintiff’s retaliation claim.) The court explained the legal requirements for making out a retaliation claim:…
Read More Finding Causation Lacking, 2d Circuit Affirms Dismissal of Retaliation Claim Against Davis Polk & WardwellIn Kassapian v. City of New York, 2017 NY Slip Op 07985, 2017 WL 5474008 (N.Y.A.D. 2 Dept. Nov. 15, 2017), the Second Department held that plaintiff sufficiently alleged claims of sexual harassment, age discrimination, and retaliation under the NYC Human Rights Law. As to plaintiff’s sexual harassment claim, the court explained: The allegation that…
Read More Sexual Harassment, Age Discrimination, and Retaliation Claims Survive Dismissal; Evidence Included Sex Toy at Work