Retaliation

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A recent Southern District decision, James v. NYC Health and Hospitals Corporation, illustrates that the anti-discrimination laws are not a “general civility code” and underscores the critical requirement that, in order to be actionable, any alleged discrimination or harassment must be “because of” a protected characteristic (here, the plaintiff’s sex). Plaintiff, a female Special Officer in…

Read More Workplace Slap Was Not “Because Of” Plaintiff’s Sex; Sexual Harassment Claim Dismissed
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Here is the complaint, captioned Jackson v. OpenCommunications Omnimedia LLC et al, Index No. 151596/2014, filed on February 24, 2014 in New York State Supreme Court by a male plaintiff against his former employer, New York City media company OpenCommunications Omnimedia and three of its principals. Plaintiff claims he was sexually harassed by his female bosses and…

Read More Male Employee Asserts Sexual Harassment and Retaliation Claims Against Female Bosses at NYC Media Company
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In McGuinness v Concentric Health Care LLC, the Appellate Division, First Department permitted plaintiff’s New York City Human Rights Law-based age discrimination and retaliation claims to continue. As to plaintiff’s discrimination claim: Defendants failed to demonstrate that they did not discriminate against plaintiff on the basis of her age. Plaintiff, who was 49 when she was…

Read More Age Discrimination and Retaliation Claims Continue Against Pharmaceutical Advertising Agency
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Below is the federal complaint, captioned Chang et al. v. Phoenix Satellite Television (US), Inc. et al., 1:14-cv-02686, filed yesterday by three plaintiffs against Phoenix Satellite Television US, Inc., Phoenix Satellite Television Holdings Limited, and Zhengzhu Liu. Gothamist reported on the lawsuit here. Mr. Liu, it might be recalled, was featured as the alleged harasser…

Read More Sexual Harassment Lawsuit Against Phoenix Satellite Television and Alleged Intern Harasser Zhengzhu Liu
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In Sanderson v. NY State Electric & Gas Corp., No. 13-1603-cv (2d Cir. Mar. 27, 2014) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s sex-based hostile work environment, disparate treatment, and retaliation claims. Plaintiff worked as a gas fitter for defendant. Initially, she worked on the day shift as the only woman of…

Read More “Snickering” and “Under the Breath” Comments Held Insufficient to Establish Hostile Work Environment
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In Salemi v Gloria’s Tribeca Inc., the Appellate Division, First Department unanimously upheld a jury’s $1.6 million award – comprising $400,000 in compensatory (emotional distress) damages and $1.2 million in punitive damages – for lesbian chef Mirella Salemi. The court explained: The record evidence, which is extensive and corroborated by multiple witnesses, amply supports the jury’s…

Read More First Department Affirms $1.6 Million Award in Sexual Orientation Discrimination and Retaliation Case
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In Ferraro v. New York City Dept. of Education, the Appellate Division, First Department reversed the dismissal of plaintiff’s allegations of employment discrimination, retaliation, and hostile work environment, observing: “To the extent plaintiff alleges acts that occurred more than one year before he commenced this action (see Education Law § 3813[2-b]), it cannot be said, as…

Read More Discrimination Claims Based on Alleged Pattern of Unlawful Conduct Not Subject to Dismissal on Statute of Limitations Grounds
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In Sarkis v. Ollie’s Bargain Outlet, the Second Circuit recently affirmed the district court’s dismissal of plaintiff’s claims that he had been subjected to a hostile work environment and retaliation in violation of  42 U.S.C. § 1981, Title VII of the Civil Rights Act of 1964, and the New York State Human Rights Law. Plaintiff sought…

Read More Second Circuit Affirms Dismissal of Plaintiff’s Hostile Work Environment and Retaliation Claims
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In Suares v. Cityscape Tours, the Southern District of New York dismissed plaintiff’s claims for, among other things, hostile work environment and retaliation, and granted defendants’ motions for summary judgment. Plaintiff worked as a NYC double-decker bus tour guide. Plaintiff alleged that, at a holiday party, a co-worker (Singh) assaulted her. Specifically, she alleged that Singh…

Read More Court Dismisses Hostile Work Environment Claim, Citing “Swift Termination” of Co-Worker Who Sexually Assaulted Plaintiff
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