Retaliation

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Recently, the Second Circuit held, in Kwan v. Andalex Group, that the district court erroneously granted summary judgment to defendant on plaintiff’s retaliation claims. Plaintiff alleged that she was fired by defendant’s Chief Investment Officer about three weeks after she complained to defendant’s Chief Operations Officer about gender discrimination, namely, by asking him why she was “being…

Read More Pointing to Inconsistent Reasons for Termination, Second Circuit Vacates Dismissal of Retaliation Claims
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In Lawson v. FMR, the Supreme Court recently broadened the reach of the Sarbanes-Oxley Act of 2002, which was enacted following the collapse of Enron Corporation. The whistleblower portion of the Sarbanes-Oxley Act, codified at 18 U.S.C. § 1514A, provides: No [public] company . . . , or any officer, employee, contractor, subcontractor, or agent…

Read More Supreme Court Holds That Sarbanes-Oxley (SOX) Act Protects Employees of Private Contractors
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Below and here is the complaint filed this week in New York State Supreme court by Christina Young against Steven Hall & Partners LLC and Steven Hall personally. Plaintiff alleges, among other things, that “Hall and others have instigated and engaged in making numerous inappropriate verbal comments and other sexually suggestive activities”, including “encouraging female Managing…

Read More Sexual Harassment and Hostile Work Environment Lawsuit Against Steven Hall & Partners
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In a recent decision, the Southern District of New York recently denied defendant UBS Financial Services’ motion for summary judgment on plaintiff’s claims that she was terminated in retaliation for complaining about a co-worker’s sexist comment, and because of her revelation that she is gay. Shortly before plaintiff’s termination, plaintiff told the company that she had…

Read More Retaliation and Sexual Orientation Discrimination Claims Continue Against UBS
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The Southern District of New York recently reiterated, in Wermann v. Excel Dentistry PC, that “a plaintiff may bring a retaliation claim stemming from an employer’s opposition to her unemployment benefits application” and that “filing retaliatory counterclaims may violate” the New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL). The…

Read More Plaintiff Sufficiently Alleged Retaliation Based on Defendants’ Opposing Unemployment Benefits and “Frivolous” Counterclaims in Sexual Harassment Case
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In Giudice v. Red Robin Int’l, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal on summary judgment of plaintiff’s retaliation claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Under both statutes: [T]o make out a prima facie case of retaliation, a plaintiff…

Read More Retaliation Claim Fails Where Discipline Preceded Complaint of Harassment
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In Magdo v. Fidessa Corp., a New York state trial court recently held that plaintiff presented enough evidence to survive summary judgment on her gender/pregnancy discrimination and retaliation claims under the New York City Human Rights Law. Plaintiff claimed that after she told her supervisor about her pregnancy, he made derogatory comments to her, including…

Read More Citing Derogatory Comments About Pregnancy, Court Allows Discrimination and Retaliation Claims to Continue
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In Saliba v Five Towns College, the Eastern District of New York held that plaintiff, an assistant professor, failed to state a claim for retaliation under Title VII of the Civil Rights Act of 1964. Plaintiff alleged that she was terminated solely because she had voiced her concerns regarding rampant corruption in the administration of…

Read More Court Dismisses Professor’s Retaliation Claim Based on Complaints About Another Professor’s Sexual Harassment of Students
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In Anderson v. Edmiston & Co., Inc., the Supreme Court, New York County recently held that plaintiff sufficiently alleged gender discrimination, sexual harassment/hostile work environment, and retaliation under the New York City Human Rights Law. Plaintiff alleged that while employed by defendant company, her supervisor, Robert Shepherd, made various remarks implying “his disrespect for women…

Read More Plaintiff Sufficiently Alleged Gender Discrimination, Sexual Harassment, and Retaliation Claims Under the New York City Human Rights Law
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In Noon v. IBM, the Southern District of New York recently ruled against defendant on plaintiff’s discrimination, failure-to-accommodate, and retaliation claims under the Americans with Disabilities Act of 1990 (ADA). Plaintiff sued her employer, International Business Machines (IBM), for violations of the Americans with Disabilities Act of 1990 (ADA). Plaintiff, who began working for IBM in…

Read More Disability Discrimination Case Against IBM Continues
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