In Taft v. Agric. Bank of China Ltd., No. 15 CIV. 5321 (PAE), 2016 WL 80209 (S.D.N.Y. Jan. 6, 2016), the Southern District of New York ruled on defendant’s motion to dismiss plaintiff’s whistleblower retaliation claim under the Bank Secrecy Act (BSA). Plaintiff alleged that “she was subjected to frequent sexually charged comments and gender-related…
Read More Court Interprets Retaliation Provision of the Bank Secrecy ActIn Magnotti v. Crossroads Healthcare Mgmt., LLC, No. 14-CV-6679 ILG RML, 2015 WL 5173528 (E.D.N.Y. Sept. 3, 2015), the court held the plaintiff, a pharmacist, plausibly alleged a claim of retaliation under the Americans with Disabilities Act. It explained: In order to state a claim for retaliation, plaintiff must allege that (1) he engaged in an…
Read More Pharmacist’s Complaint of Reduction in Hours After Surgery Supports ADA Retaliation ClaimIn Alexander-Callender v. NBTY et al, No. 14-CV-2462 (JS)(AYS), 2015 WL 9581819 (E.D.N.Y. Dec. 30, 2015), the Eastern District of New York dismissed, as insufficiently pled, plaintiff’s sexual harassment (hostile work environment), race discrimination, and retaliation claims. In her complaint, plaintiff alleged that a co-worker, for example, stared at plaintiff in a “sexually inappropriate manner”…
Read More Sexual Harassment Hostile Work Environment Claim Insufficiently AllegedIn a lawsuit filed on December 30, 2015 in New York Supreme Court (Figueroa v. Ministry for Foreign Affairs of Sweden et al., Index # 163141/2015), plaintiff Carlos Figueroa, a chauffeur and office clerk employed by the Sweden’s New York Mission to the United Nations, asserts various claims, including for personal injuries (sustained while assembling…
Read More Personal Injury and Discrimination Lawsuit Against Sweden’s New York Mission to the United NationsIn Dingle v. Bimbo Bakeries USA/Entenmann’s, No. 14-1215-CV, 2015 WL 8952903 (2d Cir. Dec. 16, 2015), the Second Circuit vacated the dismissal, for failure to state a claim under FRCP 12(b)(6), of plaintiff’s employment discrimination complaints. Plaintiff’s allegations, in a nutshell: Dingle alleged that a photo of a nude man resembling Dingle was distributed among employees who made…
Read More Second Circuit Revives “Perceived Sexual Orientation Discrimination” ClaimIt has been reported that Queens physical education teacher Peter Maliarakis has settled his “whistleblowing” retaliation lawsuit against the New York City Department of Education, Principal Namita Dwarka, and others. He alleges in his 2014 lawsuit (here and below), among other things, that the school administration retaliated against him after he told an Office of Special Investigation (OSI)…
Read More Grade-Changing Whistleblower Lawsuit SettledIn a recent lawsuit captioned In the matter of K.A.S. v. The Forum Group et al, 15-cv-08953 (SDNY Nov. 16, 2015), the (unnamed) plaintiff alleges sexual harassment/hostile work environment in various forms, including but not limited to offensive comments (e.g. a “rape joke”) and forcible, unwanted sex with her supervisor.
Read More Sexual Harassment Lawsuit Against The Forum GroupIn Tekle v. Wegmans Food Markets, Inc., No. 15-CV-6386, 2015 WL 8485273 (W.D.N.Y. Dec. 9, 2015), the court granted defendant’s motion under FRCP 12(b)(6) to dismiss plaintiff’s race discrimination, hostile work environment, and retaliation claims. This case illustrates that even arguably “disturbing and arguably race-based” incidents are not necessarily enough to establish violations of the…
Read More Threat to “Hang” Plaintiff Insufficient to State Hostile Work Environment ClaimFrom Grasso v. EMA Design Automation, 14-4109 (2nd Cir. Oct 28, 2015): It is undisputed that between 2009 and 2011, defendant experienced the effects of an economic recession that caused its revenues to decline and led to cuts to its workforce, including the termination of more than a quarter of its employees between 2009 and…
Read More Reduction-In-Force Justified Termination; Retaliation Claim DismissedComments demonstrating bias are frequently cited in employment discrimination and retaliation cases. A recent Second Circuit decision, In Kazolias v. IBEWLU 363, 806 F.3d 45 (2d Cir. 2015), holds that a comment can demonstrate evidence of retaliation existing prior to the statement. There, plaintiffs, three journeymen wiremen, asserted (among other claims) that they were subjected to age discrimination…
Read More Comments Can Evidence Pre-Existing Bias, Second Circuit Holds