Retaliation

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In Small v. State of New York et al, No. 12-CV-1236S, 2017 WL 1176032 (W.D.N.Y. Mar. 30, 2017), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim. In sum, plaintiff, a school teacher who worked at Attica Correctional Facility, alleged that a Corrections Officer (Cuer) subjected her to unwanted romantic…

Read More Prison Teacher’s Hostile Work Environment and Retaliation Claims Continue
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In Richard v. N.Y. City Dep’t of Educ., No. 16-CV-957 (MKB), 2017 WL 1232498 (E.D.N.Y. Mar. 31, 2017), the court held that plaintiff sufficiently alleged retaliation under Title VII of the Civil Rights Act of 1964, and therefore denied defendant’s motion to dismiss that claim under Federal Rule of Civil Procedure 12(b)(6).[1]The court granted defendant’s…

Read More Retaliation Claim Survives Dismissal; Letter Placing Plaintiff on Probation was an “Adverse Employment Action”
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In Green v. Jacob & Co. Watches, Inc., No. 15 CIV. 3611 (PAC), 2017 WL 1208596 (S.D.N.Y. Mar. 31, 2017), the court held, inter alia, that plaintiff – an African American man who held the title of Director of Security for Jacob & Co. – plausibly alleged discrimination, hostile work environment, and retaliation claims under federal,…

Read More Citing “Monkey” Comment, SDNY Rules in Favor of Plaintiff in Race Discrimination & Hostile Work Environment Case Against Jacob & Co. Watches
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In Alvarado v. Nordstrom, Inc., No. 16-971-CV, 2017 WL 1175654 (2d Cir. Mar. 29, 2017) (Summary Order), the court vacated the district court’s dismissal of plaintiff’s retaliation claim under the NYC Human Rights Law. It affirmed its dismissal, however, of plaintiff’s race discrimination and hostile work environment claims (as well as his retaliation claims under federal…

Read More NYC Human Rights Law Retaliation Claim Survives Summary Judgment; Race Discrimination and Hostile Work Environment Claims Properly Dismissed
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In Macchio v. Michaels Elec. Supply Corp., 2017 NY Slip Op 02636 (App. Div. 2d Dept. April 5, 2017), the court held that plaintiff presented sufficient evidence of pretext to survive summary judgment on his discrimination, retaliation, and FMLA claims, but that his hostile work environment claim was properly dismissed. In this case, plaintiff alleged,…

Read More Employment Discrimination (Ancestry, Association, Religion), Retaliation, and FMLA Claims Survive Summary Judgment; Hostile Work Environment Claim Properly Dismissed
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In yet another sexual harassment lawsuit against Fox News and Roger Ailes, captioned Roginsky v. Fox News Network LLC (NY Sup. Ct. NY Cty. Index 153065/2017) (filed April 3, 2017), plaintiff Julie Roginsky asserts (inter alia) that defendants Fox News, Roger Ailes, and Bill Shine (co-President of Fox News Network) “unlawfully harassed, discriminated against, and…

Read More (Another) Sexual Harassment Lawsuit Against Fox News & Roger Ailes
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In Rivera v. United Parcel Serv., Inc., No. 303092/08, 2017 WL 1082764 (N.Y. App. Div. Mar. 23, 2017), the court upheld jury findings of gender discrimination and retaliation. This case illustrates, among other things, how workplace rumors/gossip can give rise to an actionable claim. As to plaintiff’s gender discrimination claim, the court explained: Plaintiff was…

Read More Court Upholds Plaintiff’s Gender Discrimination & Retaliation Verdict; Cites Sexual Comments and “Affair” Rumors
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In a recent Manhattan federal court lawsuit, Ahmed v. American Museum of Natural History (SDNY 17-2095 filed March 23, 2017), the (male) plaintiff asserts that he was subjected to retaliation for opposing sexual harassment of a female colleague by his boss, in violation of Title VII of the Civil Rights Act of 1964 and the…

Read More Sexual Harassment Lawsuit Against the American Museum of Natural History
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In Rogers v. Fashion Inst. of Tech. et al, No. 14-CV-6420 (AJN), 2017 WL 1078572 (S.D.N.Y. Mar. 21, 2017), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s (an African American part-time adjunct professor in FIT’s production management department) claims of race discrimination. (This decision follows a prior dismissal and…

Read More FIT Professor’s Race Discrimination Claims Proceed in Part
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In Bien-Aime v. Equity Residential, No. 15-CV-1485 (VEC), 2017 WL 696695 (S.D.N.Y. Feb. 22, 2017), the court granted defendant’s motion for summary judgment as to plaintiff’s disability discrimination claims (under the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL), but denied…

Read More Manhattan Building Porter’s ADA Retaliation Claim Survives Summary Judgment; Disability Discrimination Claims Dismissed
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