Retaliation

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In Green v. Avis Budget Grp., Inc., No. 11-CV-00269V(F), 2017 WL 35452 (W.D.N.Y. Jan. 4, 2017), the court dismissed plaintiff’s employment discrimination (disparate treatment), hostile work environment, and retaliation claims. Here I’ll discuss the court’s evaluation of the “adverse employment action” element of the prima facie case[1]“To establish a prima facie case of employment discrimination…

Read More Criticism of Work, Failure to Provide Desired Schedule (Etc.) Were Not “Adverse Employment Actions”
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In Baez v. Anne Fontaine USA, Inc., No. 14-CV-6621 (KBF), 2017 WL 57858 (S.D.N.Y. Jan. 5, 2017), the Southern District of New York denied defendants’ motion for summary judgment on plaintiff’s retaliation claims under Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws, her hostile…

Read More Retaliation & Hostile Work Environment Claims, Based on Complaints of Bra-Less “Rumor” and “Office Drama”, Survive Summary Judgment
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From Humphries v. City Univ. of N.Y., 2017 NY Slip Op 00034 (App. Div. 1st Dept. Jan. 3, 2017): The motion court correctly determined that the State Human Rights Law retaliation claim (Executive Law § 290 et seq.) is barred by the doctrine of collateral estoppel (see Buechel v Bain, 97 NY2d 295, 303-304 [2001], cert…

Read More Adverse Arbitration Decision Properly Resulted in Dismissal of Retaliation Claim
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In a lawsuit filed on January 5, 2017 captioned Heffernan v. Delta Airlines et al (N.Y. Sup. Ct. N.Y. Cty. Index 150092/2017), plaintiffs allege, inter alia, that their “mentor” (Delta employee) Mike Keve exposed himself and masturbated at work and that they were terminated in retaliation for complaining about it, in violation of the New…

Read More Sexual Harassment Lawsuit Against Delta Airlines Features “Masturbating Mentor”
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In Guerra v. Murphy, No. 15-cv-1168, 2016 WL 7480405 (N.D.N.Y. Dec. 29, 2016), the court granted defendant’s motion to dismiss plaintiff’s disparate-treatment employment discrimination claim under Title VII of the Civil Rights Act of 1964, as he failed to plausibly allege the existence of an “adverse employment action.” The court also dismissed plaintiff’s hostile work…

Read More Absence of “Adverse Employment Action” Results in Dismissal of Title VII Disparate-Treatment Employment Discrimination Claims
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In Yang v. Navigators Group, Inc., No. 16-77-CV, 2016 WL 7436485 (2d Cir. Dec. 22, 2016) (Summary Order), the court vacated an award of summary judgment in favor of defendant Navigators Group, Inc. on plaintiff’s claim of retaliatory discharge for protected whistleblowing activity in violation of Section 806 of the Sarbanes-Oxley Act (“SOX”). The law: To…

Read More 2d Circuit Vacates Summary Judgment Dismissal of SOX Retaliatory Discharge Whistleblower Lawsuit
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In order to hold an employer liable for a hostile work environment, a plaintiff needs to establish two elements: The existence of a hostile work environment (i.e., sufficiently “hostile” conduct connected a protected characteristic); and A specific basis for imputing the hostile work environment to the employer (vicarious liability). A recent case, Ward v. Shaddock, No.…

Read More Hostile Work Environment Created by Co-Worker Not Imputable to Entity Employer
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In Johnson v. J. Walter Thompson U.S.A., LLC, No. 16-CV-1805 (JPO), 2016 WL 7217847 (S.D.N.Y. Dec. 13, 2016), the court denied defendants’ FRCP 12(b)(6) motion to dismiss plaintiff’s sex-based hostile work environment and retaliation claims. Here I’ll discuss the court’s evaluation of plaintiff’s hostile work environment claim. Plaintiff alleged, among other things, that defendant Gustavo…

Read More Sex-Based Hostile Work Environment Claim Continues Against J. Walter Thompson; Plaintiff Alleged (e.g.) Rape Comments, Unwanted Touching, and “Bossy” Remarks
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In Lawrence v. Sol G. Atlas Realty Co., No. 14-cv-3616, 2016 WL 7335612 (E.D.N.Y. Dec. 16, 2016), the court denied in part defendants’ motion to dismiss plaintiff’s retaliation claims. (This decision follows the Second Circuit’s October 28, 2016 decision vacating the district court’s order compelling arbitration of plaintiff’s claims.) Here are the facts, as summarized…

Read More Black Porter Sufficiently Pleads Retaliation, But Not Against an Individual Who Did Not Have the Requisite “Personal Involvement”
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In Camarda v. City of New York et al, 15-3262-cv, 2016 WL 7234686 (2d Cir. Dec. 14, 2016) (Summary Order), the Second Circuit affirmed the summary judgment dismissal (Camarda v. City of NY, EDNY 11-cv-2629, Sept. 16, 2015 (J. Mauskoopf)) of plaintiff’s claims of sex discrimination, hostile work environment, and retaliation under 42 U.S.C. § 1983;…

Read More 2nd Circuit Explains Decision to Affirm Dismissal of Police Officer’s Sexual Harassment, Gender Discrimination, Hostile Work Environment, and Retaliation Claims
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