Retaliation

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In Gorman v. Covidien Sales, LLC, decided December 31, 2014, the Southern District of New York discussed the affirmative defense based on the so-called “after-acquired evidence” doctrine/defense. In this employment discrimination case, plaintiff sought “damages for alleged discrimination on the basis of military status and medical disability, retaliation, and intentional infliction of emotional distress during his…

Read More Defendants May Amend Answer to Assert the “After-Acquired Evidence” Defense in Discrimination Case Where Plaintiff Recorded Phone Conversations With Supervisor
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Here and below is the lawsuit, captioned Meyers v. Revlon, Inc. et al., 14-CV-10213, recently filed by Alan Meyers against Revlon, Inc. and Revlon Consumer Products Corp. Plaintiff alleges that defendant’s CEO/President Lorenzo Delpani subjected him to discrimination based on his race/ethnicity/religion (Jewish) and national origin. From the complaint: [R]eflecting his Anti-American and Anti-Semitic biases, Delpani treated…

Read More Lawsuit Alleges Anti-Semitic, Anti-American Discrimination/Harassment by Revlon CEO Lorenzo Delpani
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One of the ways to establish “pretext” in the employment discrimination/retaliation analysis is to point to “inconsistent employer explanations” for the employee’s termination. That is what happened in Encarnacion v. Isabella Geriatric Center, decided by the Southern District of New York on December 12, 2014. There, plaintiff, a nurse, alleged (among other things) that she…

Read More Court Denies Defendants’ Motion for Summary Judgment on Plaintiff’s Retaliation Claims, Citing Inconsistent and Contradictory Explanations for Termination
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In Diggs v. Oscar De La Renta, LLC (decided Dec. 9, 2014), a race discrimination case, the Supreme Court, Queens County denied defendants’ motion for summary judgment on plaintiff’s discrimination claim under the NYC Human Rights Law and her retaliation claims under the NYC and NYS Human Rights Laws. According to plaintiff, twice on second…

Read More Co-Worker’s “N-Word” Use Supports Discrimination Claim
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In Rivera v. Balter Sales Co. (decided 12/1/14), the Southern District of New York held that plaintiff sufficiently alleged claims for aiding and abetting discriminatory conduct (under the New York State Human Rights Law) and false arrest. What is interesting about this case is that plaintiff sued not only her former employer, but also the…

Read More Fired Plaintiff Sufficiently Alleges “Aiding and Abetting” Claim Arising From Retaliatory Arrest
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In Corrado v. New York State Uniform Court System, the Eastern District of New York explained the difference between an “adverse action” for purposes of retaliation and an “adverse action” for purposes of discrimination based on a protected class (so-called disparate treatment). Specifically: To show a prima facie case of retaliation, plaintiff must demonstrate that…

Read More Court Explains Differing Standards for “Adverse Action” Depending on Whether Claim is For Retaliation or Status-Based Employment Discrimination
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In Verga v. Emergency Ambulance Service Inc. et al, the Eastern District of New York denied defendants’ motion for summary judgment on his retaliation claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Plaintiff, an EMT, alleged that he was fired after complaining about sexual…

Read More Court Finds Sufficient Evidence (at the Summary Judgment Stage) of “But For” Causation in Title VII Retaliation Case
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In Mathew v. North Shore-Long Island Jewish Health System, a Summary Order dated 11/13/14, the Second Circuit explained that, in a case alleging retaliation under the Family and Medical Leave Act (FMLA), courts “are decidedly not interested in the truth of the allegations against plaintiff when evaluating pretext”, and are rather “interested in what motivated the employer.”…

Read More Second Circuit Reiterates That Employer’s Motivation, Rather Than Truth of Allegations Against Employee, Are Key in Evaluating FMLA Retaliation Claims
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In a lawsuit captioned Misas v. North Shore-Long Island Jewish Health System and Julio Cardoza, SDNY 14-cv-8787 (filed Nov. 4, 2014), plaintiffs allege that defendants North Shore-Long Island Jewish Health System and Julio Cardoza subjected them to harassment, discrimination, a hostile work environment and retaliation. They assert, for example, that a supervisor told one plaintiff…

Read More Sausages, Pornography, Witchcraft, and Spanking: Sexual Harassment Lawsuit Against Lenox Hill Hospital
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