Retaliation

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In the disturbing case of Lent v. CCNH, Inc. d/b/a Cortland Care Center, 2015 WL 3463433 (NDNY June 1, 2015), the court held that plaintiff sufficiently alleged (hostile work environment) sexual harassment under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Plaintiff alleged that her co-worker “cornered…

Read More Allegations of Rape by Co-Worker Sufficiently Allege Hostile Work Environment Sexual Harassment
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Here is the employment discrimination complaint, captioned Miller v. Zara USA, Dilip Patel, and Moises Costas Rodriguez, filed in Supreme Court, NY County (Index No. 155512-2015), on June 3, 2015. In it, Zara’s former in-house counsel, Ian Jack Miller, asserts various claims, including religion-based discrimination, national origin discrimination, sexual orientation discrimination, and retaliation.

Read More Employment Discrimination Lawsuit Against Zara
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In a lawsuit filed on May 6, 2015 in the Supreme Court of the State of New York and captioned Hayblum v. Life Alert Emergency Response, Inc. et al, plaintiff alleges that his former employer – the company known for its “Help, I’ve fallen and I can’t get up!” advertisements – subjected him to employment…

Read More Employment Discrimination Lawsuit Against the “I’ve Fallen and I Can’t Get Up” Company
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The Appellate Division, First Department, in Matter of Law Offs. of Oliver Zhou, PLLC v. New York State Div. of Human Rights, 2015 NY Slip Op 04569 (App. Div. 1st Dept. May 28, 2015) recently upheld the determination of the State Division of Human Rights that the petitioners violated the State Human Rights Law. In…

Read More Termination After Showing Employer Sexual Harassment Complaint Supports State Division Award
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In Orange v. Leake & Watts Inc., No. 13-CV-6110 KBF, 2015 WL 2340649 (S.D.N.Y. May 15, 2015), the court granted defendant’s motion for summary judgment and dismissed plaintiff’s race discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964. Plaintiff, an African American assistant teacher, alleged “that she suffered an adverse employment…

Read More Court Dismisses Race Discrimination Claim; Disciplinary Notice and Negative Evaluation Were Not “Adverse Employment Actions”
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Here is the federal court complaint filed by Philippa Okoye against her employer deVere Group on May 18, 2015. She alleges hostile work environment sexual harassment, gender discrimination, associational race discrimination (in light of her husband, Lawrence Okoye’s, race), religion-based discrimination, and retaliation under the New York City Human Rights Law.

Read More Philippa Okoye’s Employment Discrimination Lawsuit Against DeVere Group
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In Gewirtz v. New York City Dept. of Educ., 2015 NY Slip Op 50713(U) (NY Sup. Qns. Cty. May 4, 2015), the court denied defendants’ motion for summary judgment on plaintiff’s disability discrimination (failure to accommodate) and retaliation claims under the New York State Human Rights Law (SHRL) and New York City Human Rights Law (CHRL).…

Read More Teacher’s Disability Discrimination (Failure to Accommodate) and Retaliation Claims Continue
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In Petyan v. New York City Law Dept., 14-cv-1434, 2015 WL 1855961 (SDNY April 23, 2015), the court recommended the dismissal of plaintiff’s national origin (Israeli) discrimination and hostile work environment claims, but held that plaintiff plausibly alleged retaliation in the form of a negative performance evaluation. The court held: The law in [the Second] Circuit…

Read More Retaliation Claim, But Not National Origin Discrimination Claim, Survives Dismissal
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“To make out a prima facie [employment] discrimination claim [under Title VII of the Civil Rights Act of 1964], a plaintiff must demonstrate … (1) [he] was within the protected class; (2) [he] was qualified for the position; (3) [he] was subject to an adverse employment action; and (4) the adverse action occurred under circumstances giving…

Read More Second Circuit Clarifies What an “Adverse Employment Action” Is For Purposes of a Discrimination Claim
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Here is the complaint, captioned Matthew Luke v. Al Jazeera America and Osman Mahmud, NY Sup. Ct. NY Cty. Index No. 154219-2015 (Apr. 28, 2015), filed against news organization Al Jazeera and others. Plaintiff alleges that defendants retaliated against him after he opposed defendant Mahmud’s discriminatory acts against his colleagues on the basis of their gender,…

Read More Discrimination Lawsuit Against Al Jazeera America
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