Retaliation

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In Graves v. Deutsche Bank Securities, the Second Circuit (by Summary Order dated December 4, 2013) affirmed the dismissal of plaintiff’s claims against Deutsche Bank for age discrimination and retaliation under the federal Age Discrimination in Employment Act (ADEA) and the New York City Human Rights Law. Age Discrimination As to plaintiff’s age discrimination claim,…

Read More Court Affirms Dismissal of Age Discrimination and Retaliation Claims Against Deutsche Bank
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A Nassau County trial court recently held, in DeMay v. Wheatley Hills Golf Club, Inc., that plaintiff presented enough evidence to proceed on her gender discrimination, hostile work environment, retaliation, and aiding and abetting claims under the New York State Human Rights Law, NY Executive Law § 296(1)(a). Plaintiff Toni DeMay, the former General Manager of…

Read More Court Finds in Favor of Female Manager Against Country Club on Gender Discrimination and Retaliation Claims
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The U.S. Equal Employment Opportunity Commission (EEOC) recently announced a $350,000 settlement in the case captioned EEOC v. La Rana Hawaii, LLC d/b/a Señor Frog’s & Altres, Inc., Case No. CV-11-00799 LEK BMK, which it filed in the U.S. District Court for the District of Hawaii. From the EEOC press release: The [EEOC alleged] that at least…

Read More $350,000 Settlement in Senor Frog Sexual Harassment Case
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In Meadors v. Ulster County, the Northern District of New York held in favor of plaintiffs, county corrections officers, on various employment discrimination claims. Here we summarize the court’s holdings on plaintiffs’ sexual harassment, disparate treatment, retaliation, and pregnancy discrimination claims. Hostile Work Environment The court held that plaintiffs presented “barely” just enough evidence to survive…

Read More Court Rules in Favor of Corrections Employees on Sexual Harassment, Sex Discrimination, Retaliation, and Pregnancy Discrimination Claims
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In Smith v. Town of Hempstead Dept. of Sanitation Sanitary District No. 2, decided November 16, 2013, the Eastern District of New York discussed the application of the Supreme Court’s recent Nassar decision in the context of a summary judgment motion.   Nassar modified the standard for proving retaliation under Title VII of the Civil Rights Act of…

Read More Plaintiff Presented Sufficient Evidence of Retaliation to Survive Summary Judgment Under New “But For” Causation Standard
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In Stoler v. Institute for Integrative Nutrition, the Southern District of New York held that plaintiffs adequately pled claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Family and Medical Leave Act (FMLA), and the New York City Human Rights Law (NYCHRL).  Defendants moved to dismiss plaintiffs’ claims under FRCP…

Read More Pointing to “Maternity Projection Chart”, Court Finds That Plaintiffs Sufficiently Alleged FMLA and Retaliation Claims Based on Unfair Treatment Due to Pregnancy and Maternity Leave Requests
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Here is the complaint recently filed in New York state court by plaintiffs Jeanette Grullon, Jenny Mejia, and Sandra Pozo against Catholic Charities Neighborhood Services, Inc. Plaintiff allege that they were “sexually harassed by their African-American male supervisor at Catholic Charities, where they were employed. When they complained about the sexual harassment, they were intimidated and accused…

Read More Sexual Harassment Lawsuit Against Catholic Charities Neighborhood Services
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In Benyard v. White Plains Hosp. Medical Center, the Southern District of New York granted summary judgment to defendants on plaintiff’s age discrimination claims. This case illustrates (among other things) that it is not enough for an age discrimination plaintiff to point to her years of service and replacement by a younger worker. This is…

Read More Age Discrimination Plaintiff Was Unable to Show Pretext, and General Complaints Did Not Support Retaliation Claim
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Here is the age discrimination and retaliation lawsuit filed in New York state court by Bernice Lowe, Angela Fletcher and Rosemary Mangum against retailer Loehmann’s and others. In the suit, captioned Lowe v. Loehmann’s Holdings Inc. et al (NY Sup. Ct. Index No. 160564/2013), plaintiffs allege discrimination and retaliation under the New York City Human Rights…

Read More Age Discrimination Lawsuit Against Loehmann’s
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Below and here is the complaint recently filed in the U.S. District Court for the Western District of New York by sewer maintenance worker Lisa Sprada against her employer, the Town of Cheektowaga. (News coverage here and here.) The case is captioned Sprada v. Town of Cheektowaga, WDNY 13-00985. Plaintiff alleges that upon transferring into her…

Read More Female Sewer Maintenance Worker’s Sexual Harassment Lawsuit
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