Retaliation

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Oral argument is scheduled in the Supreme Court today in the case of Lawson and Zang v. FMR, LLC (information here).  The decision below is Lawson v. FMR, LLC, 670 F.3d 1 (1st Cir. 2012). The case concerns the scope of protection provided by the “whistleblower” section (Section 806) of the federal Sarbanes-Oxley Act, 18 U.S.C.…

Read More SCOTUS Hears Oral Argument on Whether the Sarbanes-Oxley Act Protects Employees of Privately-Held Contractors or Subcontractors of Public Companies
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Here is the race and national origin discrimination lawsuit filed on November 6, 2013 by Moselle Blanco against Alexander McQueen Trading Ltd., Max Cantey, and Monique Hagan. Plaintiff alleges, for example, that her co-worker Max Cantey subjected her to racially derogatory remarks (such as calling her “taco smoke” and “burrito face” and saying that she “had…

Read More Race and National Origin Discrimination Lawsuit Against Alexander McQueen Trading Ltd.
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A recent Second Circuit decision, Albert-Roberts v. GGG Construction (Summary Order), illustrates that the workplace utterance of even the most arguably vile racial slur (“nigger”) is not necessarily sufficient to support a hostile work environment claim. Plaintiff, who was employed by GGG as a part-time, nighttime office cleaner, alleged that she was subjected to a hostile…

Read More Co-Worker’s Use of Racial Slur Did Not Support Hostile Work Environment Claim; Timing of Outsourcing Decision Resulted in Dismissal of Retaliation Claim
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In Grant v. County of Erie (Summary Order), the Second Circuit vacated the dismissal, under Federal Rule of Civil Procedure 12(b)(6), of plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). Ordinarily, when reviewing the facial sufficiency of a federal court complaint to determine whether it states a claim, a trial court must accept…

Read More Plaintiff Sufficiently Alleged Disability Discrimination; Allegations Regarding Qualification to Perform Job Were Not Contradictory
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On October 28, 2013, the Southern District of New York issued its opinion in Guzman v. NY Post, holding that plaintiff Sandra Guzman presented sufficient evidence to proceed on her hostile work environment, discriminatory termination, and retaliation claims. The decision was (I am sure happily) covered by the Daily News here. Plaintiff is a black, Hispanic, Puerto Rican…

Read More Hostile Work Environment, Sexual Harassment, and Race/National Origin Claims Continue Against New York Post and Col Allan
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In Colon v. Fashion Institute of Technology, the Southern District of New York ruled on employment discrimination and retaliation claims brought by two plaintiffs, both Hispanic women, against FIT.  It considered claims brought by Genette Colon, a student aide, and Elvimar Rivas, a secretary, under various laws, including the Family and Medical Leave Act (FMLA),…

Read More Court Rules on Discrimination and Retaliation Claims Against Fashion Institute of Technology
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Here is plaintiff Ivana Hidalgo’s disability discrimination complaint, captioned Hidalgo v. B&B Hospitality Group LLC (SDNY 13-cv-6402 filed 9/12/13) against B&B Hospitality Group LLC and others. Plaintiff claims that defendants violated the Americans with Disabilities Act and the New York State Human Rights Law by failing to reasonably accommodate her disability – an inequality in the lengths of her…

Read More Disability Discrimination Suit by Uneven-Legged Plaintiff Against Mario Batali-Owned Company
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New York State Senator Liz Krueger has introduced legislation (Bill No. S05951) that will “[p]rovide certain civil rights protections for interns.”   It was motivated by a recent court decision, Wang v. Phoenix, which held that unpaid interns are not protected by the New York City Human Rights Law. (It is interesting that state intern-protection legislation would…

Read More State Senator Introduces Intern-Protective Legislation
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In Sandiford v. City of New York Dept. of Education the New York Court of Appeals (the state’s highest court) yesterday, Oct. 17, 2013, affirmed the Appellate Division’s order permitting plaintiff’s sexual orientation discrimination and retaliation claims under the New York State and City Human Rights Laws to proceed. The Court of Appeals decision is rather terse; for…

Read More Teacher May Continue Sexual Orientation Discrimination and Retaliation Claims
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Below and here is the complaint, captioned Pino v. Brooks Brothers Group, Inc. et al., 13-CV-5022, filed by a female factory worker against Brooks Brothers and related entities in the Eastern District of New York. Plaintiff asserts claims of gender discrimination, race discrimination, national origin discrimination, and retaliation. Among other things, plaintiff alleges that her supervisor and…

Read More Brooks Brothers Sexual Harassment Lawsuit
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