Retaliation

by

“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
Share This:
by

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
Share This:
by

An employer recently learned the hard way that firing an employee – because she rejected his sexual advances – by text message is a bad idea. In Comm’n on Human Rights ex rel. Martinez v. Joseph “J.P.” Musso Home Improvement & Joseph Musso, OATH Index No. 2167/14 (Feb. 27, 2015), the New York City Office of Administrative…

Read More OMG LOL: Text Message Firing of Employee Who Opposed Sexual Harassment May Cost Employer $37K
Share This:
by

In Greathouse v. JHS Security, 12-4521-cv (2nd Cir. April 20, 2015), the Second Circuit (panel: Carney, Pooler, Korman) held that, in light of the U.S. Supreme Court’s decision in Kasten v. Saint-Gobain (2011), the FLSA’s retaliation provision (29 USC 215) is not restricted to written complaints to a government agency, but is broad enough to prohibit retaliation…

Read More Second Circuit: FLSA Anti-Retaliation Provision Covers Oral Complaints to Employer, Not Just Written Complaints to Government
Share This:
by

In a Manhattan federal lawsuit filed on April 8, 2015 and captioned Alexander v. Freelancers Health Service Corporation, SDNY 15-cv-02710, plaintiff alleges that she was subjected to gender discrimination, sexual harassment, a hostile work environment, and retaliation. Specifically, plaintiff alleges (among other things) that her supervisor made sexual comments about plaintiff’s breasts (referring to them as “them double…

Read More Lawsuit Alleges “Musical” Sexual Harassment Resulting in Two Heart Attacks
Share This:
by

A federal court recently allowed plaintiff Michael Picarella, a now former HSBC senior vice president, to amend his complaint in his lawsuit against HSBC. The action, currently pending in the Southern District of New York, is captioned Picarella v. HSBC Securities (USA) Inc., 14-cv-04463. In his first amended complaint, filed 8/27/14, plaintiff alleged (among other…

Read More Fired HSBC Executive May Amend Complaint to Assert Retaliatory Termination
Share This:
by

In Graham v. Macy’s, Inc., SDNY 14-cv-3192 (March 23, 2015), Southern District Judge Paul Engelmayer granted defendant Macys’ motion to dismiss the pro se plaintiff’s claims of discrimination based on disability (here, arthritis and bipolar disorder) under the Americans with Disabilities Act (ADA). Although Judge Engelmayer determined that plaintiff’s complaint was deficient – citing, for example,…

Read More Disability Discrimination Roadmap
Share This:
by

In Holcomb v. State Univ. of New York at Fredonia, No. 12CV673A, 2015 WL 1280442 (W.D.N.Y. Mar. 20, 2015), the Western District of New York denied defendants’ motion to compel the plaintiff to respond to questions relating to her romantic experiences with her colleagues. In this case, plaintiff sued under Title VII of the Civil…

Read More Sexual Harassment Victim’s Romantic Relationships With Colleagues Off-Limits for Discovery, Court Rules
Share This: