Retaliation

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In Cadet-Legros v. New York University Hospital Center, 2014 WL 11087457 (Sup. Ct. NY Cty . Oct. 9, 2014), the court denied defendant’s motion for summary judgment on plaintiff’s race discrimination claim under the New York City Human Rights Law. This decision illustrates how even allegedly “race neutral” language can be evidence of an improper…

Read More Evidence of “Coded Racial Language” Sufficient to Overcome Summary Judgment on Race Discrimination Claim
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In Cole v. Sears, Roebuck & Co., decided Sept. 30, 2014, the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment on plaintiff’s discrimination (hostile work environment) and retaliation claims. As to plaintiff’s discrimination claim, the court held: Viewed in the light most favorable to plaintiff, the evidence shows that, from…

Read More Evidence of Anti-Gay Hate Speech Suffices to Overcome Summary Judgment on Sexual Orientation Discrimination and Hostile Work Environment Claims
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Here is the recently-filed complaint, captioned Pako Mikel and Denise Klerx v. Guerlain, Inc. (N.Y. Sup. Ct., N.Y. Cty., Sept. 25, 2014), Index No. 159425-2014, alleging sexual harassment, hostile work environment, and retaliation against French cosmetic company Guerlain Inc. Plaintiffs allege that they were sexually harassed by another employee, and that defendant didn’t do anything to…

Read More Sexual Harassment Lawsuit Against Guerlain
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In Vosburgh v. American Nat. Red Cross, 2014 WL 4826688 (N.D.N.Y. Sept. 29, 2014), the court denied defendant’s summary judgment motion regarding plaintiff’s retaliation claim (but granted it regarding plaintiff’s wage and individual liability claims). As to her retaliation claim, the court held: [T]o prevail at the pretext stage of the McDonnell–Douglas analysis, a plaintiff must show…

Read More Hostility to Employee’s Alleged “Disloyal” Conduct Supports Retaliation Claim
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Here is the recently-filed federal court complaint (captioned Jermaine Gilyard v. Nine West Group et al., 1:14-cv-07096) in which plaintiff alleges, among other things, that he “was subjected to a hostile work environment on the basis of race, racial discrimination, was disciplined several times on spurious charges, and was finally fired … in retaliation for his attempts…

Read More Race Discrimination and Hostile Work Environment Lawsuit Against Nine West Group
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In Lee v. Woori Bank (decided Aug. 21, 2014), the New York Supreme Court held that plaintiff adequately pleaded a negligent hiring and retention claim. In this case, plaintiffs asserted claims for retaliation, battery, negligence, and sexual harassment. Specifically, they alleged that Mr. Yoo, along with five other managers and executives from Korea, consistently used foul…

Read More Negligent Hiring and Retention Claims Continue Against Korean Bank
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In Johnson v. City University of New York, decided Sept. 8, 2014, the Southern District of New York once again clarified that Title VII of the Civil Rights Act of 1964 does not prohibit bullying and harassment that is unconnected with legally-protected characteristics. The court’s first paragraph summarizes the law nicely: Bullying and harassment have no…

Read More “Bullying” and “Harassment” Unconnected to Membership in a Protected Class Not Actionable Under Title VII
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Here is the complaint recently filed by Mets executive Leigh Castergine against Sterling Mets Front Office LLC and Chief Operating Officer Jeffrey Wilpon. Plaintiff alleges that she was discriminated against by Wilpon because she had a child without being married (a practice Wilpon was “morally opposed to”), and then fired for complaining about discrimination.

Read More Mets Executive Alleges She Was Fired For Out-of-Wedlock Pregnancy
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In Vormittag v Unity Elec. Co., Inc., 12 CV 4116 RJD RLM, 2014 WL 4273303 [EDNY Aug. 28, 2014], the Eastern District of New York granted defendant’s motion for summary judgment on plaintiff’s age discrimination claim, but denied it with respect to plaintiff’s retaliation claim. Plaintiff sued after being furloughed and fired due to a large-scale…

Read More Father’s Third-Party Retaliation Claim Arising From Daughter’s Sex Discrimination Charge Survives Summary Judgment
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