Retaliation

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Goonan v. Federal Reserve Bank of New York, decided July 22, 2014, illustrates an employer’s obligation to reasonably accommodate employees with known disabilities and to engage in an “interactive process” to determine what accommodation(s) are appropriate. Plaintiff, who worked for the Federal Reserve Bank of New York for 25 years, suffers from Post-Traumatic Stress Disorder…

Read More 9/11-Related PTSD Disability Discrimination Case Continues
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In Lyman v. New York and Presbyterian Hospital, decided July 14, 2014, the Southern District of New York denied defendants’ motion for summary judgment on plaintiff’s disability discrimination and retaliation claims. This decision illustrates that “[b]ecause direct evidence of an employer’s discriminatory intent will rarely be found, affidavits and depositions must be carefully scrutinized for circumstantial…

Read More “Problem” Employee Presents Enough Evidence of Disability Discrimination to Survive Summary Judgment
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In Echevarria v. Insight Medical, P.C. et al, SDNY Case No. 13-cv-03710, a federal jury recently awarded a plaintiff $50,000 in compensatory damages ($0 in punitive damages) in her sexual harassment and retaliation lawsuit against a Bronx medical practice and its principals. Plaintiff alleged that one individual defendant sexually harassed her – by, for example, sending her unwanted text messages…

Read More Jury Awards $50,000 to Plaintiff on Retaliation Claims in Sexual Harassment Lawsuit
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Here’s the complaint recently filed by Vanessa Harris and Kimberly Mealer against McDonald’s Corporation and others, in which they allege sexual harassment, race discrimination, retaliation, hostile work environment, retaliation, and constructive discharge. (This isn’t the first time McDonald’s has been in hot water over allegations of sexual harassment.) They claim (among other things) that their white manager…

Read More Not Lovin’ It: Lawsuit Alleges Sexual Harassment at McDonald’s
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In Herrington v. Metro-North Commuter R.R. Co., decided June 17, 2014, the First Department affirmed the Supreme Court’s (Judge Rakower) dismissal of plaintiff’s gender discrimination, sexual orientation discrimination, and retaliation claims under the New York City Human Rights Law. First, the court held that plaintiff failed to state a claim for discrimination based on sexual…

Read More Comments Were Too Remote in Time to Support Sexual Orientation Discrimination Claim Under NYC Human Rights Law
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Below is the federal court complaint recently filed against PFIP LLC (doing business as Planet Fitness) and others. (News coverage here.) The suit alleges that about one month after the start of plaintiff’s employment, her (unnamed) manager “began making continual inappropriate sexual comments and innuendos towards and around Plaintiff.” She alleges, for example, he told her that…

Read More Sexual Harassment Suit Against Planet Fitness
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In Chinnery v. NYS Office of Children and Family Svcs, decided April 25, 2014, Southern District of New York Magistrate Judge Maas recommended that defendant OCFS be granted summary judgment on plaintiff’s disparate treatment, retaliation, and hostile work environment claims under Title VII of the Civil Rights Act of 1964. While the court’s discussion of…

Read More Court Reiterates That “Mere Workplace Bullying” Unrelated to the Plaintiff’s Membership in a Protected Class Does Not Constitute a Hostile Work Environment
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In Bethea v. City of New York (decided June 12, 2014), the Eastern District of New York held that plaintiff adequately pleaded sexual harassment and hostile work environment claims under Title VII of the Civil Rights Act of 1964. Plaintiff alleges that she was subjected to repeated sexual harassment by her co-worker, Sergeant Michelle Williams,…

Read More Police Officer Adequately Alleges Sexual Harassment, Hostile Work Environment, and Retaliation Claims
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In Lane v. Franks, decided June 19, 2014, the U.S. Supreme Court (per Justice Sotomayor) squarely held that the First Amendment protects a public employee who provides truthful sworn testimony, compelled by subpoena, outside the scope of his ordinary job responsibilities.  In upholding petitioner Lane’s retaliatory termination claim, the Court applied its precedents, including Pickering v. Bd.…

Read More SCOTUS Holds That Public Employee’s Sworn Testimony Was Protected by First Amendment
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In Cruz v. NYS Dept. of Corrections, the Southern District of New York held (in a decision dated June 4, 2014) that the male plaintiff stated claims for hostile work environment and “quid pro quo” sexual harassment arising from unfair treatment by his female supervisor. The facts, as summarized by the court: Until August 8, 2012,…

Read More Male Corrections Employee States Sexual Harassment Claims Arising From Alleged Mistreatment by Female Boss
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