Retaliation

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In Castro v. City of New York, No. 1036, 2016 WL 3919217(N.Y. App. Div. 1st Dept. July 21, 2016), the court held that a plaintiff asserting a claim under Civil Service Law § 75-b – the public-sector-employee whistleblower statute – is not required to file a notice of claim. That statute, as summarized by the court,…

Read More 1st Dept. Holds That Notice of Claim Requirement Does Not Apply to Civil-Service Whistleblower Retaliation Claims
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In Fullwood v. SDH Servs. W., LLC, No. 16-CV-1 (RA), 2016 WL 3951186 (S.D.N.Y. July 20, 2016), an employment discrimination/hostile work environment/sexual harassment case, the court granted defendants’ motion to change venue from the Southern District of New York to the Western District of New York. In this case, plaintiff contends that over the course…

Read More Go West, Ms. Plaintiff: Manhattan Federal Court Explains Decision to Transfer Discrimination Case to the Western District of New York
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In Dhar v. City of New York, No. 15-2698-CV, 2016 WL 3889108 (2d Cir. July 15, 2016) (Summary Order), the court affirmed the dismissal of plaintiff’s retaliation claim under Federal Rule of Civil Procedure 12(b)(6). “To state a prima facie claim of retaliation, a plaintiff must show (1) participation in a protected activity; (2) that the…

Read More 2d Circuit Affirms Dismissal of Retaliation Claim, Citing Large Gap Between Protected Activity and Adverse Actions
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In Deberry v. Brookdale Univ. Hosp. & Med. Ctr., No. 12-CV-6251(SLT)(RLM), 2016 WL 3840673 (E.D.N.Y. July 12, 2016), the court dismissed plaintiff’s discrimination, harassment, and hostile work environment claims. Here I’ll focus on its discussion of plaintiff’s hostile work environment claim. This case is instructive on the issue of when the alleged harassment may be…

Read More Court Discusses the “Imputing Conduct” Element of a Hostile Work Environment Claim
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In Tiffany v. Dzwonczyk, 2016 WL 3661410 (N.D.N.Y. July 5, 2016), the court dismissed plaintiff’s claim asserting retaliation in violation of the Family and Medical Leave Act (FMLA). The court summarized the law: The Second Circuit recognizes two claims under the FMLA: (i) interference with FMLA rights; and (ii) retaliation for exercising FMLA rights. … To…

Read More FMLA Retaliation Claim Dismissed; Yearlong Work Absence Was Not FMLA-Protected, Evidence of Causation Lacking
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In Carter v. Syracuse City School District, No. 15-2395, 2016 WL 3671631 (2d Cir. July 11, 2016) (Summary Order), an employment discrimination case, the Second Circuit vacated the district court’s dismissal of plaintiff’s discrimination and retaliation claims. Initially, the court held that the District Court incorrectly dismissed plaintiff’s State Human Rights Law claim because plaintiff…

Read More Second Circuit Revives Discrimination Claims Against School District; Discusses Title VII Pleading Standards for Discrimination and Retaliation Claims
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In Fisher v. Mermaid Manor Home for Adults, LLC, No. 14-CV-3461 (WFK)(JO), 2016 WL 3636021 (E.D.N.Y. June 29, 2016), the court denied defendant’s motion for summary judgment on plaintiff’s race/national origin-based hostile work environment claim. Plaintiff sued after being apprised by co-workers of an Instagram post which “consisted of two photographs of Plaintiff contrasted with a…

Read More Instagram “Planet of the Apes” Comparison Results in Denial of Summary Judgment in Race/National Origin Discrimination (Hostile Work Environment) Case
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In a complaint filed in New Jersey state court on July 6, 2016, Plaintiff Gretchen Carlson, a former Fox News Channel host, alleges that Fox Chairman/CEO Roger Ailes “unlawfully retaliated against Carlson and sabotaged her career because she refused his sexual advances and complained about severe and pervasive harassment”, in violation of the New York City Human…

Read More Sexual Harassment Lawsuit by Fox News Host Gretchen Carlson Against Roger Ailes
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In a recently-filed Manhattan federal lawsuit, captioned Kadir-Tahir v. Kateri Residence/Arch Care et al (SDNY 16-cv-05094), plaintiff asserts claims of sex discrimination and sexual harassment and retaliation by defendants, in violation of Title VII, the NY State Human Rights Law, and the NYC Human Rights Law. The lawsuit is supported by an EEOC finding in…

Read More Sexual Harassment/Retaliation Lawsuit, Based on EEOC Finding of “Disparate Discipline”, Against Kateri Residence/Arch Care
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In a New York State court lawsuit, captioned Lisser v. Bloomberg L.P. et al (Index No. 155354/2016), plaintiff Elizabeth Lisser alleges (among other things) that her manager – defendant Brian Schuler – “continually directed sexual innuendo and comments towards plaintiff about her figure, weight and appearance, massaged her shoulders, look[ed] down her blouse, [and] direct[ed] texts…

Read More Sexual Harassment Lawsuit Against Bloomberg LP
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