Retaliation

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In Beaton v. Metro. Transp. Auth. New York City Transit, No. 15 CIV. 8056 (ER), 2016 WL 3387301 (S.D.N.Y. June 15, 2016), the court held that plaintiff – who suffered from schizophrenia – successfully pleaded discrimination (termination) and retaliation claims, but failed to sufficiently allege a failure-to-accommodate claim. Plaintiff’s allegations, in sum: Plaintiff alleges that…

Read More Schizophrenic Plaintiff Fired for Sleeping on the Job Plausibly Alleges Disability Discrimination and Retaliation, But Not Failure-to-Accommodate, Claims
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In Motta v. Glob. Contract Servs. Inc., No. 15 CV 8555 (LGS), 2016 WL 2642229 (S.D.N.Y. May 4, 2016), the court dismissed plaintiff’s retaliation and discriminatory pay claims as insufficiently pled. While the court held that the complaint was deficient, its decision is nevertheless instructive as to what must be alleged in order to survive a…

Read More SDNY Explains Discriminatory Pay, Retaliation Pleading Deficiencies
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In Alvarado v. Jeffrey, Inc., No. 14 CIV. 500 (NRB), 2016 WL 922216 (S.D.N.Y. Mar. 4, 2016), the court dismissed claims by plaintiff – a gay Hispanic man and salesman at high-end fashion store Just Jeffrey – for race and sexual orientation discrimination, retaliation, and constructive discharge. In dismissing plaintiff’s hostile work environment claims, Judge…

Read More SDNY Dismisses Race & Sexual Orientation Discrimination, Hostile Work Environment, Retaliation, and Constructive Discharge Claims Against Just Jeffrey and Nordstrom
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In Galbraith v. Westchester County Health Care Corp., 2016 NY Slip Op 04176 (App. Div. 2nd Dept. June 1, 2016), the court affirmed the trial court’s finding in favor of plaintiff, a perfusionist (Wikipedia definition here), on his whistleblower claim under New York Labor Law § 741. Here’s what happened: In October 2008, [plaintiff] was appointed as…

Read More Court Affirms $455K Award to Whistleblowing Perfusionist on Labor Law 741 Claim
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In Bell v. McRoberts Protective Agency, No. 15-CV-0963 (JPO), 2016 WL 1688786 (S.D.N.Y. Apr. 25, 2016), the court held that plaintiff failed to sufficiently allege race/gender discrimination, retaliation, and hostile work environment claims. The court’s explanation of why the plaintiff’s claims were insufficiently pled is instructive as to what courts look for when evaluating these…

Read More Race/Sex Discrimination, Hostile Work Environment and Retaliation Claims Insufficiently Alleged
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In Garcia v. Yonkers Bd. of Educ., No. 15 CIV. 0767 (NSR), 2016 WL 3064116 (S.D.N.Y. May 27, 2016), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s sexual harassment and retaliation claims. In this case, plaintiff (a high school mathematics teacher) alleged in her federal court complaint that she…

Read More Math Teacher’s Retaliation Claim, Arising From Sexual Harassment Complaint, Survives Dismissal
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In Goodwine v. City of New York, No. 15-CV-2868 (JMF), 2016 WL 3017398 (S.D.N.Y. May 23, 2016), the court denied defendants’ FRCP 12(b)(6) motion to dismiss plaintiff’s retaliation and gender/race disparate treatment claims. Plaintiff, an African American woman employed by the NYC Dept. of Information & Telecommunications, sufficiently alleged retaliation by alleging that (1) she…

Read More Plaintiff Sufficiently Alleges Retaliation and Gender/Race Discrimination (But Not Hostile Work Environment)
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In Wigdor v. SoulCycle, LLC, 2016 NY Slip Op 04118 (App. Div. 1st Dept. May 26, 2016), the Appellate Division, First Department affirmed the dismissal of attorney Doug Wigdor’s retaliation claim against SoulCycle. In his complaint, which I wrote about here, Mr. Wigdor alleged that SoulCycle banned him from its premises after he filed a…

Read More Lawyer Lacks Standing to Assert Retaliation Claim, Court Holds
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In a recent lawsuit filed in Manhattan federal court, captioned Domingo v. Choice Logistics, Inc. and James Adams, SDNY 16-cv-3648 (filed May 16, 2016), plaintiff Christine Domingo alleges, among other things: Within six days after commencing her employment with Choice in December 2014, Domingo was subjected to unwelcomed physical touching, assault and sexual harassment by…

Read More Sexual Harassment Lawsuit Against Choice Logistics
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In Fough v. Aug. Aichhorn Ctr. for Adolescent Residential Care, Inc., No. 18294/13, 2016 WL 2338423 (N.Y. App. Div. 2nd Dept. May 4, 2016), the court held that the defendant’s motion to dismiss plaintiff’s “whistleblower retaliation” lawsuit under CPLR 3211(a)(7) should have been denied – i.e., that plaintiff sufficiently alleged this claim. In sum, plaintiff (a…

Read More Nurse States New York Whistleblower (Labor Law § 740) Claim Based on Alleged Improper Supervision by Unqualified Person
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