Retaliation

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In a recent lawsuit, Caban v. Puerto Rican Family Institute (NY Sup. Ct. Kings Cty., Index # 511268/2015, filed 9/15/15), plaintiff alleges discrimination based on race and national origin and retaliation for opposing such discrimination. Plaintiff – who is of Puerto Rican national origin – alleges, among other things, that a superior told plaintiff “you Puerto…

Read More Race/National Origin Discrimination Lawsuit Against Puerto Rican Family Institute
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In Graciani v. Patients Med., P.C., No. 13-CV-2751 NGG RLM, 2015 WL 5139199 (E.D.N.Y. Sept. 1, 2015), the court held that plaintiff presented sufficient evidence to overcome summary judgment on her pregnancy discrimination, hostile work environment, and retaliation claims. Pregnancy Discrimination In determining that plaintiff established a prima facie case of pregnancy discrimination, the court…

Read More Pregnancy Discrimination, Hostile Work Environment, Retaliation Claims Survive Summary Judgment
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In a lawsuit filed today in the Southern District of New York – captioned EEOC v. Hillcrest Marshall, Inc. d/b/a Dunkin’ Donuts, 15-07293 – plaintiff Equal Employment Opportunity Commission (EEOC) alleges that defendant (doing business as Dunkin’ Donuts) subjected female employees to sexual harassment, created a hostile work environment, and retaliated against an employee for opposing…

Read More Sexual Harassment/Hostile Work Environment Lawsuit Against Dunkin Donuts
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In Ingrassia v. Health & Hosp. Corp., No. 14 CV 1900 PKC, 2015 WL 5229444 (E.D.N.Y. Sept. 8, 2015), the Eastern District of New York held that plaintiff plausibly alleged claims of sexual harassment/hostile work environment, retaliation, and constructive discharge under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in…

Read More Hospital Worker Plausibly Alleges Hostile Work Environment/Sexual Harassment, Retaliation, and Constructive Discharge Claims
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In Gordon v. City of New York, 14-545-cv (2d Cir. 2015), the Second Circuit affirmed, in a summary order, the dismissal of plaintiffs’ First Amendment retaliation and hostile work environment claims. The facts, as summarized by the court: While working as emergency medical technicians (“EMTs”) for the New York City Fire Department (“FDNY”), plaintiffs Tomeko…

Read More Second Circuit: No Hostile Work Environment Where Black Woman and White Male Were Subjected to Similar Treatment
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Here is the recently-filed lawsuit, Pantor v. City of New York and Green Key Resources (filed NY Cty. 9/9/15, Index # 159257/2015), in which plaintiff alleges that she was subjected to sexual harassment by her supervisor at the City of New York Office of the Actuary, and then retaliated against for rejecting his advances. Specifically,…

Read More Lawsuit Alleges Sexual Harassment at NYC Office of the Actuary
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In Vega v. Hempstead Union Free Sch. Dist., No. 14-2265-CV, 2015 WL 5127519 (2d Cir. Sept. 2, 2015), the Second Circuit held that plaintiff, a state employee, stated a claim for discrimination (based on his Hispanic ethnicity) and retaliation, and thus vacated the lower court’s order granting defendant’s motion for judgment on the pleadings under…

Read More Second Circuit Holds That Teacher Stated Discrimination and Retaliation Claims
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In a lawsuit captioned Pollock v. Agrei Consulting, et al (NY Sup. Ct. Kings Cty. filed 9/4/15, Index # 510920/2015), plaintiff alleges that she was sexually harassed by her boss who she claims, among other things, sent her flirtatious and sexually inappropriate text messages (such as “You take good care of me and I will…

Read More Sexual Harassment Lawsuit Alleges That Boss Put Penis Pictures on Executive Assistant’s Computer
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In Ming v. A.E.G. Mgmt., No. 15-CV-643 JG, 2015 WL 5038222 (E.D.N.Y. Aug. 26, 2015), the court dismissed plaintiff’s race discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964. Initially, the court held that “Ming’s complaint fails to state a claim under Title VII for discrimination on the basis of…

Read More Race Discrimination and Retaliation Claims Dismissed With Leave to Replead
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In Vasquez v. Empress Ambulance Serv., Inc., No. 14 CIV. 8387 NRB, 2015 WL 5037055 (S.D.N.Y. Aug. 26, 2015), the court addressed the following question: [W]hether an employer is liable for unlawfully retaliating against a plaintiff employee when (1) the plaintiff reports that a coworker [here, Gray] has sexually harassed her, (2) the employer promptly…

Read More Court Discusses and Applies “Cat’s Paw” Theory in Sexual Harassment/Retaliation Case
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