Retaliation

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In Figueroa v. New York State Div. of Human Rights, No. 15-01941, 2016 WL 5509917 (N.Y. App. Div. Sept. 30, 2016), the court determined that the NYS Division of Human Rights correctly dismissed complaints alleging sexual harassment and retaliation. From the decision: [W]e agree with the District that substantial evidence supports the determination of the…

Read More Administrative Dismissal of Sexual Harassment and Retaliation Claims Upheld
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In a recent Summary Order, Dunaway v. MPCC Corp. (2d Cir. Sept. 27, 2016), the Second Circuit affirmed the summary judgment dismissal of plaintiff’s age discrimination claim under the Age Discrimination in Employment Act. This decision teaches that asking age-related questions during a job interview is not, alone, necessarily sufficient to sustain a failure-to-hire discrimination claim.…

Read More Age-Related Comments During Job Interview Insufficient to Establish Failure-to-Hire ADEA Claim
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In Sarr v. Saks Fifth Ave. LLC, 151303/2015, 2016 NY Slip Op 31751(U) (NY Sup Ct NY Cty Sept. 20, 2016), the court dismissed the claims brought by the Muslim plaintiff, under the NYS and NYC Human Rights Laws, of employment discrimination, retaliation, and hostile work environment. After reviewing the legal standard/burden-shifting framework for evaluating plaintiff’s discrimination claims,…

Read More Court Dismisses Muslim Plaintiff’s Employment Discrimination, Retaliation, Hostile Work Environment Claims Against Saks Fifth Avenue
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In Andrus v. Corning, Inc., No. 14-CV-6667-FPG, 2016 WL 5372467 (W.D.N.Y. Sept. 26, 2016), the U.S. District Court for the Western District of New York dismissed plaintiff’s Title VII hostile work environment sexual harassment claim arising from sexual comments made by plaintiff’s co-worker. She alleged: (i) In April 2013, Mr. Drane [the alleged harassing co-worker]…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed; Co-Worker’s Sexual Comments, While Inappropriate, Could Not Be Imputed to Employer
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In a recently-filed Manhattan Supreme Court lawsuit, captioned Cohen v. Speyer Legacy School et al (NY Sup. Ct. NY Cty. 157853/2016), plaintiff asserts that he was subjected to discrimination based on his sexual orientation and retaliation against an elite private Manhattan school for gifted children. Plaintiff (who is gay) alleges, among other things, that he…

Read More Sexual Orientation Discrimination Lawsuit Against Speyer Legacy School
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In La Porta v. Alacra, Inc., 142 A.D.3d 851, 2016 NY Slip Op 06113 (App. Div. 1st Dept. Sept. 22, 2016), the court held that plaintiff stated claims for hostile work environment sexual harassment and retaliation (but not hostile work environment-based constructive discharge). The court summarized plaintiff’s claims as follows: Plaintiff, the manager of defendant…

Read More Sexual Harassment Case (Including Facebook “Boobs” Comment) Survives Motion to Dismiss
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In Elmessaoudi v. Mark 2 Restaurant LLC, No. 14 CIV. 4560 (PGG), 2016 WL 4992582 (S.D.N.Y. Sept. 15, 2016), the court held that plaintiff submitted sufficient evidence to survive summary judgment on his retaliation claim. From the decision: Plaintiff has presented circumstantial evidence that is sufficient to create a question of fact as to whether…

Read More Retaliation/Sexual Harassment Claim Survives Summary Judgment; Pretext Shown
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In Marquez v. City of New York, 14-CV-8185, 2016 WL 4767577 (SDNY Sept. 12, 2016), the court granted summary judgment to defendant and dismissed plaintiff’s hostile work environment claim. Plaintiff (a NYPD detective) alleged, among other things, that a male Lieutenant (Castro) told her that she did not need to lose weight and that he “liked her the…

Read More Invitation to “Gun Show” and Other Comments Insufficient to Survive Summary Judgment on Hostile Work Environment Claim
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In Parra v. City of White Plains et al, No. 13 CV 5544 (VB), 2016 WL 4734666 (S.D.N.Y. Sept. 9, 2016), the court denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claim (but granted it with respect to plaintiff’s retaliation claim). In sum, plaintiff – a police officer – alleges that two…

Read More Police Officer’s Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment
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Not every action taken by an employer against an employee is actionable under the anti-discrimination laws, even if the action is tied to a so-called protected characteristic. The dividing line between actionable and non-actionable conduct – for claims of retaliation or status-based discrimination – is the presence, or absence, of an “adverse employment action.” As…

Read More What is an “Adverse Employment Action”?
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