Retaliation

by

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
Share This:
by

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
Share This:
by

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
Share This:
by

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
Share This:
by

A recent federal court decision illustrates the rights that tenants, particularly those in New York City, have against discrimination outside the employment context. In Ponce v. 480 East 21st Street LLC, the court held that plaintiff stated a sex discrimination claim under the New York City Human Rights Law, and retaliation claims under that statute…

Read More Tenant States Claims Under the Fair Housing Act and New York City Human Rights Law Following Sexual Harassment By Superintendent
Share This:
by

In Wingfield v. Rochester School for the Deaf, the Western District of New York recently clarified that not all employment decisions that affect employees at work are “employment actions” sufficient to support a claim of employment discrimination. In Wingfield, plaintiff and her ex-husband worked at defendant. Following an altercation, family court issued a temporary order of…

Read More All Actions Affecting Workers Are Not Necessarily “Employment Actions” For Purposes of the Discrimination Laws
Share This:
by

In a Summary Order issued today in Mendez-Nouel v. Gucci America, Inc., the Second Circuit affirmed summary judgment for defendant Gucci on plaintiff’s same-sex hostile work environment/sexual harassment and retaliation claims. Harassment/Hostile Work Environment Initially, the Court explained the legal standard for sexual harassment claims: [F]or sexual harassment to be actionable, it must be sufficiently severe…

Read More Second Circuit Affirms Dismissal of Same-Sex Hostile Work Environment/Harassment and Retaliation Claims
Share This:
by

In Terry v. County of Cayuga, decided Sept. 30, 2013, the Northern District of New York denied defendant’s motion for summary judgment on plaintiff’s claim that she was subjected to retaliation under the Family and Medical Leave Act. Plaintiff, an attorney, was fired the day she returned from her two-week FMLA leave. The FMLA entitles…

Read More FMLA Retaliation Claim Continues, Despite “Extensive Evidence” of Performance Issues
Share This:
by

The Northern District of New York recently held, in Hexemer v. General Electric, that plaintiff adequately pleaded retaliation for complaining about a co-worker’s discriminatory comments. Plaintiff, who was born in Iran and is of Persian descent, alleged that after she made a comment to two co-workers about how sitting at their desks led to weight…

Read More Iranian Plaintiff Sufficiently Alleged Retaliation After Firing For Complaining About Being Called “Uncivilized”
Share This:
by

Neither rain, nor shine, nor discrimination lawsuits… The Southern District of New York recently granted summary judgment in favor of the U.S. Postal Service in a discrimination and retaliation lawsuit. The decision is Jimenez v. Donahoe, decided September 11, 2013. Plaintiff Carlos Jimenez, a mail handler (and musician) alleged that he was subjected to discrimination…

Read More Court Dismisses Musical Mailman’s Discrimination and Retaliation Claims
Share This: