Retaliation

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In Edwards v. Khalil, No. 12 CIV. 8442 (JCM), 2016 WL 1312149 (S.D.N.Y. Mar. 31, 2016), the court held (among other things) that plaintiff (a female police officer) presented enough evidence to survive summary judgment on her claims of gender discrimination under Title VII and 42 U.S.C. § 1983. From the decision: On the basis…

Read More Title VII Gender Discrimination Claim Survives Summary Judgment; Plaintiff Presented Evidence That Female Plaintiff Was Disciplined More Harshly Than Similarly-Situated Male Workers
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A recent Southern District case, Moore v. Verizon, No. 13-CV-6467 (RJS), 2016 WL 825001 (S.D.N.Y. Feb. 5, 2016), illustrates that the New York City Human Rights Law – while the broadest of the anti-discrimination statutes protecting New York City employees and residents – is not of unlimited breadth. Here, plaintiff (a 62 year-old African American…

Read More Two Age-Related Comments Insufficient to Establish Liability Under the NYC Human Rights Law, Court Holds
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In Gomez v. Stonybrook Univ., 14-cv-7219, 2016 WL 1039539 (E.D.N.Y. Jan. 28, 2016), report and recommendation adopted, 2016 WL 1045536 (E.D.N.Y. Mar. 15, 2016), the court held that plaintiff did not suffer an “adverse employment action” and hence dismissed her discrimination claim. (The below text is taken from the Magistrate’s Report and Recommendation.) This case…

Read More Denial of Transfer Did Not Amount to an “Adverse Employment Action”
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In employment discrimination law, the term “unlawful employment practice” has a very specific meaning. In Cooper v. New York State Department of Labor, 15-3392 (2nd Cir. April 26, 2016), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. Here are the (summarized) facts: In December…

Read More 2d Circuit: Title VII Retaliation Claim Was Properly Dismissed; Amendment of Internal Procedures Was Not an “Unlawful Employment Practice”
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In Heffernan v. City of Paterson, No. 14-1280 (decided April 26, 2016), the U.S. Supreme Court reversed a circuit court decision that affirmed the dismissal of a police officer’s First Amendment retaliation case arising from his punishment for engaging in what was (incorrectly) perceived as protected political activity. Justice Breyer authored the opinion; Justices Thomas…

Read More SCOTUS Holds That First Amendment Retaliation Case May Continue, Despite Employer’s Incorrect Belief that Employee Engaged in Protected Political Activity
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In a recently-filed lawsuit, captioned Grant v. New York Times et al, 16-cv-03175 (filed April 28, 2016), two named plaintiffs (individually and on behalf of all similarly situated persons) allege age, race, and gender discrimination against the New York Times. From the complaint: The New York Times, widely touted as the “paper of record,” has…

Read More Age, Race, Gender Discrimination Lawsuit Against the New York Times
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Motta v. Glob. Contract Servs. Inc., No. 15 CIV. 8555 (LGS), 2016 WL 1611489 (S.D.N.Y. Apr. 21, 2016) is instructive on the “aiding and abetting” liability provisions of the New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL). Plaintiffs worked as call center representatives at Global Contract Services, Inc.…

Read More Access-A-Ride Call Center Employees Fail to Sufficiently Allege “Aiding and Abetting” Discrimination, Sexual Harassment, Hostile Work Environment, and Retaliation Claims Against the NYCTA and MTA
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In Styka v. My Merchants Services LLC et al (EDNY 14-cv-6198 (March 15, 2016)), an employment discrimination/sexual harassment/hostile work environment/retaliation case, Eastern District of New York Magistrate Judge Scanlon recommended awarding plaintiff $120,000 to compensate her for emotional distress (in addition to other damages, such as back pay and punitive damages) following defendants’ default. This case…

Read More Court Recommends Award of $120,000 in Emotional Distress Damages in Gender Discrimination/Hostile Work Environment/Sexual Harassment Case
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In Shalom v. Hunter Coll. of City Univ. of New York, No. 14-3426-CV, 2016 WL 1358607 (2d Cir. Apr. 6, 2016), the Second Circuit affirmed the district court’s dismissal of plaintiff’s claims under Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) for (1) quid pro quo sexual harassment, (2) hostile educational environment,…

Read More Second Circuit Affirms Dismissal of Title IX Quid Pro Quo Sexual Harassment, Hostile Educational Environment, and Retaliation Claims
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