Retaliation

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In Beecher v. Northwell Health, EDNY 16-cv-4190, plaintiff alleges gender discrimination, hostile work environment, and retaliation. Among plaintiff’s allegations were that defendant’s Administrative Director, Nelson Mercurio, “went out of his way to catch the female staff members wearing scented products and, upon information and belief, was observed smelling the female staff in an effort to reprimand…

Read More Gender Discrimination, Hostile Work Environment, and Retaliation Lawsuit Cites Employee-Sniffing Boss
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In Atencio v. United States Postal Serv., No. 14 CIV. 7929 (AJP), 2016 WL 4145930 (S.D.N.Y. Aug. 4, 2016), the court granted defendant USPS’ motion for summary judgment on plaintiff’s reasonable accommodation claim, but denied its motion on plaintiff’s retaliation claim under the Rehabilitation Act (a federal statute applicable to claims of disability discrimination by…

Read More Letter Carrier’s Retaliatory Hostile Work Environment Claim Against USPS Survives Summary Judgment
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In a recently-filed complaint, captioned Angele Yonke v. 44 Restaurant LLC d/b/a The Lambs Club and John Fanning (SDNY 16-cv-05761 filed July 19, 2016), plaintiff alleges, inter alia, that she was subjected to retaliation after she complained that her supervisor slapped her on her right buttock.

Read More Sexual Harassment Lawsuit Against The Lambs Club Alleges Retaliation Following Complaint About Buttocks Smack
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In Santana v. Latino Express Restaurants, Inc., No. 15CV4934-LTS, 2016 WL 4059250 (S.D.N.Y. July 28, 2016), the court found that plaintiff established her sexual harassment, unpaid wage, and retaliation claims following defendants’ default. The facts: Approximately one or two weeks after Santana started working at the Restaurant, [defendant Tommy] Pimental [the restaurant’s co-owner and manager and…

Read More Sexual Harassment, Hostile Work Environment, Retaliation, and Unpaid Wage Claims Established Against Latino Express Restaurants
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In Felmine v. Service Star, No. 13-cv-2641, 2016 WL 4005763 (E.D.N.Y. July 25, 2016), the court granted defendants’ summary judgment motion and dismissed plaintiff’s claims for (1) quid pro quo sexual harassment, (2) hostile work environment, (3) retaliation, and (4) disability discrimination. Plaintiff – a cargo handling agent – alleged that defendant “subjected him to…

Read More Court Dismisses Sexual Harassment Claims Based on Conduct of Non-Supervisory Co-Worker
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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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