Retaliation

Summa v. Hofstra (11-1743, Feb. 21, 2013):  The Second Circuit found that plaintiff student/football team manager Lauren E. Summa presented sufficient evidence to support her retaliation (but not her harassment) claims against the defendants.  Plaintiff claimed that she was harassed by several football players and then subjected to retaliation for complaining about it.  Among other things,…

Read More 2nd Circuit: Student/Coach May Continue Retaliation, But Not Harassment, Claims Against Hofstra University

In a recent opinion (Desardouin v. City of Rochester, No. 12-187-cv (2nd Cir. Feb. 19, 2013)), the Second Circuit reversed a summary judgment for defendant and upheld plaintiff Jewanta Desardouin’s hostile work environment claim. It held that even though her case was not an “obvious” one of hostile work environment, plaintiff’s “allegations of repeated solicitation…

Read More Plaintiff’s Hostile Work Environment Claim Survives Summary Judgment Where Supervisor Said That Plaintiff’s Husband Was “Not Taking Care of Her in Bed”

Last week the U.S. Supreme Court granted a Petition for Writ of Certiorari filed by the University of Texas Southwestern Medical Center in the case captioned University of Texas Southwestern Center v. Naiel Nassar, M.D.  General information regarding the case is available at SCOTUSblog; the actual petition is accessible here. The question presented is: Whether

Read More Supreme Court to Decide Whether Mixed-Motive Analysis Applies to Retaliation Claims

Yesterday, in Ross v. Lichtenfeld et al., the Second Circuit (WALKER, Leval, Pooler) held that a government clerk’s claim of First Amendment retaliation should have been dismissed, because she was speaking pursuant to her official duties.  The Court applied the rule of Garcetti v. Ceballos, 547 U.S. 410 (2006), that “when public employees make statements…

Read More Second Circuit Dismisses First Amendment Retaliation Claim

In Donnelly v. Greenburgh Central School Dist. (2d Cir. Aug. 10, 2012), plaintiff, a former high school teacher, alleged that his employer unlawfully denied him tenure in retaliation for taking protected leave pursuant to the Family and Medical Leave Act (“FMLA”).  Plaintiff received negative reviews and was denied tenure shortly after he took medical leave…

Read More Second Circuit Reverses FMLA Decision Against High School Teacher

Below is a recently-filed complaint alleging race discrimination and retaliation against Mercedes Benz of Manhattan, its general manager, and its director of human resources.  Plaintiffs Guyton and Grammer, two African Americans who held high-level managerial positions, claimed that after encountering and complaining about racist graffiti – consisting of a swastika, a stick figure hanging from a…

Read More Race Discrimination Lawsuit Against Mercedes

In Townsend v. Benjamin Enterprises (May 9, 2012), the Second Circuit – addressing two issues of first impression – held that (1) an internal complaint unconnected with an EEOC charge does not give rise to a retaliation claim under Title VII’s “participation” clause and (2) harassment by a company’s proxy or alter-ego deprives the company…

Read More Second Circuit Weighs in on Scope of Title VII Retaliation Claims and Proxy / Alter-Ego Liability

In a Southern District of New York complaint, captioned Earl E. Brown v. AIG Investments and John P. Hornbostel, SDNY 12-cv-3243 (4/25/2012), plaintiff, an attorney, alleges claims of race discrimination and retaliation against AIG Global Asset Management Holdings Corp. and managing director John Hornbostel. Among other things, plaintiff asserts that Hornbostel made disparaging comments about African Americans,…

Read More Hey Hey Hey! “Fat Albert” & Other Comments Give Rise to Race Discrimination Lawsuit