Retaliation

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In Defran v. Transp Workers Union of Greater New York AFL-CIO, 2016 WL 740308 (N.Y.Sup.), 2016 N.Y. Slip Op. 30329(U), the court discussed and applied the “joint employer” doctrine in the context of an employment discrimination/sexual harassment/retaliation case. Plaintiff, a bus driver/union member who later became chairperson of her union (TWU/Local 100), alleged that she was…

Read More Plaintiff Sufficiently Alleges “Joint Employer” Status in Hostile Work Environment/Sexual Harassment Case
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In Lai v. Deiorio Foods Inc., 2016 WL 814930 (NDNY Feb. 29, 2016), the court held that the (pro se) plaintiff plausibly alleged claims of employment discrimination and retaliation. Plaintiff, a Vietnam-born naturalized U.S. citizen, alleged that her Bosnian supervisor “discriminated [against], harassed, intimidated, and threatened her on a regular basis” and that she was constructively…

Read More Vietnamese Plaintiff Plausibly Alleges Employment Discrimination by Citing Examples of Bosnian Favoritism
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In Lott v. Coreone Techs., LLC, No. 14-CV-5848 (CM), 2016 WL 462486 (S.D.N.Y. Feb. 2, 2016), plaintiff asserted age discrimination, disability discrimination, and retaliation claims against his former employer. The court granted defendant’s motion for summary judgment as to some of plaintiff’s claims (e.g., discriminatory failure to promote and discriminatory termination), but denied it as…

Read More Retaliatory Firing Claim Survives Dismissal in Light of Evidence that Reduction-in-Force Was Pretextual
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The New York State Division of Human Rights has released its “Guidance on Sexual Harassment For All Employers in New York State.” It provides, among other things: The provisions of the [New York State] Human Rights Law generally apply to employers with four or more employees. However, with regard specifically to sexual harassment, the Human…

Read More NYS Division of Human Rights Issues Guidance on Sexual Harassment to New York State Employers
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In Riddle v. Citigroup, 15-233-cv, a Second Circuit Summary Order issued today, the court held that the district court properly dismissed plaintiff’s retaliation claim for failure to state a claim. This Order is instructive on how courts evaluate a retaliation claim based on so-called “temporal proximity” between the alleged protected activity, on the one hand,…

Read More Retaliation Claim Properly Dismissed; Sixteen Months Was Too Long to Establish “Temporal Proximity”
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The Southern District of New York’s recent decision in Eisner v. City of New York, 15-cv-1888, provides a good overview of how courts analyze discrimination claims under the Americans with Disabilities Act (ADA) and the New York City Human Rights Law (NYCHRL). It also reaffirms the principle that, absent the critical element of causation, merely…

Read More Court Dismisses Attorney’s Disability Discrimination Claims
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In a lawsuit captioned Batista v. Best Buy Stores, NY Sup Ct Index 151565-2016 (filed 2/25/16), plaintiff – a member of Best Buy’s “Geek Squad” – alleges that she was subjected to discrimination based on her gender and race. She asserts claims of gender discrimination, hostile work environment, constructive discharge, and retaliation. She alleges, among other things,…

Read More Sexual Harassment Lawsuit Against Best Buy
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In a Brooklyn federal lawsuit, captioned Cox v. 5Linx Enterprises, Inc. et al, 16-cv-00611 (EDNY filed 2/5/16), the plaintiff alleges that she was subjected to sexual harassment and then retaliation for complaining about it, in violation of various statutes, including Title VII of the Civil Rights Act of 1964. Specifically, she alleges (among other things)…

Read More Sexual Harassment Lawsuit Against 5Linx Enterprises Inc. et al
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In Febrianti v. Worldwide, No. 15-CV-0635 (JMF), 2016 WL 50202 (S.D.N.Y. Feb. 8, 2016), the court dismissed plaintiff’s retaliation, hostile work environment, and constructive discharge claims. Here, plaintiff, who identifies as a Southeast Asian non-Chinese speaker, worked for defendant as a cleaner in the Union Square W Hotel. She alleged, among other things, that she…

Read More Hotel Cleaner’s Retaliation, Hostile Work Environment, Constructive Discharge Claims Insufficiently Alleged
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In Collazo v. Cty. of Suffolk, No. 12-CV-2196, 2016 WL 660856 (E.D.N.Y. Feb. 17, 2016), the court summarized various ways in which a Title VII plaintiff can demonstrate the requisite “inference of discrimination” as part of the prima facie case element of a discrimination claim: An inference of discrimination can be found in circumstances that include: (1)…

Read More Discrimination Claims Proceed as to Some, But Not All, Alleged Adverse Employment Actions
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