Retaliation

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In Percy v. The State of New York (Hudson Valley DDSO), Local 412 of the CSEA, Inc., Local 1000, AFSCME AFL-CIO, Basil Townsend, 264 F.Supp.3d 574, 585 (S.D.N.Y. 2017), the court explained: Courts are split on the question of whether rejecting unwanted sexual advances constitutes protected activity. See Little, 210 F. Supp. 2d at 385-86…

Read More Rejecting a Supervisor’s Sexual Advances is “Protected Activity” For Purposes of a Retaliation Claim, Court Holds
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In Carrington v. Mota & City of New York, 2017 WL 3835883 (S.D.N.Y. Aug. 31, 2017), the court recommended the dismissal of plaintiff’s race discrimination, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964 (but gave her an opportunity to amend her complaint). As to plaintiff’s race discrimination…

Read More Court Dismisses Race Discrimination Claim; Adverse Action, Inference of Discrimination Insufficiently Alleged
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In Milione v. City Univ. of N.Y., 2017 (App. Div. 2d Dept. Aug. 23, 2017), the court affirmed the dismissal of plaintiff’s employment discrimination claims. Plaintiff, an Italian American, initially sued in federal court, alleging that “defendants discriminated and retaliated against him based on his national origin and his advocacy for Italian Americans.” The federal court…

Read More Federal Court’s Dismissal of Plaintiff’s Employment Discrimination Operates as Collateral Estoppel as to State and City Human Rights Law Claims
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In Welch v. Bill Cram, Inc. et al, 2017 WL 3676040 (W.D.N.Y. Aug. 25, 2017), the court denied defendants’ motion for summary judgment on plaintiff’s claims of quid pro quo sexual harassment, hostile work environment sexual harassment, and retaliation (but granted it with respect to his gender discrimination/disparate treatment claim. With respect to plaintiff’s quid…

Read More Sexual Harassment & Retaliation Claims Continue Against Upstate Auto Dealer Bill Cram, Inc.
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In Caruso v. Bon Secours Charity Health System, Inc., 16-3107-cv, 2017 WL 3638203 (2d Cir. Aug. 24, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s discrimination and retaliation claims. As to plaintiff’s retaliation claim, the court explained: It is true that, roughly five months prior to her termination, Caruso had filed a…

Read More 2d Circuit Affirms Dismissal of Retaliation Claim, Finding That Termination Was Caused by Fight With Co-Worker, Rather Than Sexual Harassment Complaint
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In Ivankovskaya v. Metro. Transportation Auth. Bus Co., No. 15-cv-5727, 2017 WL 3328166 (E.D.N.Y. Aug. 3, 2017), the court held that plaintiff sufficiently alleged a retaliation claim under the Americans with Disabilities Act (ADA).[1]I addressed this decision’s resolution of plaintiff’s hostile work environment and disability discrimination claims, respectively, here and here. Plaintiff worked as a…

Read More ADA Retaliation Claim Survives Dismissal
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In Ivankovskaya v. Metro. Transportation Auth. Bus Co., No. 15-cv-5727, 2017 WL 3328166 (E.D.N.Y. Aug. 3, 2017), the court dismissed plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA), on the ground that plaintiff did not plausibly allege that she suffered a “disability” within the meaning of the statute.[1]The court also granted defendant’s…

Read More Court Dismisses ADA Disability Discrimination Claim; Complaint Did Not Plausibly Allege That Plaintiff’s Medical Condition Was a “Disability” Because it Did Not “Substantially Limit” a “Major Life Activity”
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In Brooks v. City of Utica, No. 16-cv-1427, 2017 WL 3242273 (N.D.N.Y. July 28, 2017), the court ruled on claims asserted by plaintiff – a firefighter-paramedic and practicing Nazirite – of discrimination based on religion, retaliation, failure to accommodate religious beliefs, and hostile work environment. Plaintiff’s religious observance as a Nazirite required him to keep…

Read More Practicing Nazirite Sufficiently Alleges Religion-Based Hostile Work Environment Claim
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In Brooks v. City of Utica, No. 16-cv-1427, 2017 WL 3242273 (N.D.N.Y. July 28, 2017), the court ruled on claims asserted by plaintiff – a firefighter-paramedic and practicing Nazirite – of discrimination based on religion, retaliation, failure to accommodate religious beliefs, and hostile work environment. Plaintiff’s religious observance as a Nazirite required him to keep…

Read More Practicing Nazirite’s Retaliation Claim, Arising From Mistreatment After Requesting Long hair Reasonable Accommodation, Survives Dismissal
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In Brantman v. Fortistar Capital, Inc., No. 15-CV-4774 (NSR), 2017 WL 3172864 (S.D.N.Y. July 22, 2017), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s Title VII retaliation claim. Plaintiff, while reviewing and cataloging boxes of files and documents belonging to defendant’s recently-retired general counsel, “found a DVD in a plastic case…

Read More Title VII Retaliation Claim Dismissed; Report of Discovery of “Pornographic Video” Was Not “Protected Activity”
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