Retaliation

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In Townsend v. Benjamin Enterprises (May 9, 2012), the Second Circuit – addressing two issues of first impression – held that (1) an internal complaint unconnected with an EEOC charge does not give rise to a retaliation claim under Title VII’s “participation” clause and (2) harassment by a company’s proxy or alter-ego deprives the company…

Read More Second Circuit Weighs in on Scope of Title VII Retaliation Claims and Proxy / Alter-Ego Liability
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In a Southern District of New York complaint, captioned Earl E. Brown v. AIG Investments and John P. Hornbostel, SDNY 12-cv-3243 (4/25/2012), plaintiff, an attorney, alleges claims of race discrimination and retaliation against AIG Global Asset Management Holdings Corp. and managing director John Hornbostel. Among other things, plaintiff asserts that Hornbostel made disparaging comments about African Americans,…

Read More Hey Hey Hey! “Fat Albert” & Other Comments Give Rise to Race Discrimination Lawsuit
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Below is a copy of the complaint filed by aspiring model Hayden Holt against New York modeling agency Emmanuel NY Models Inc. and its principal, Aristeo Tengco, for sexual harassment, retaliation, wage violations, and breach of contract. Specifically, Holt asserts that Tengco inappropriately touched her, and then retaliated against her – by apparently having her…

Read More Aspiring Model’s Sexual Harassment Lawsuit
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In Connolly v. Napoli Kaiser Bern LLP, 2012 NY Slip Op 50075(U) (NY Sup Ct. NY Cty. 105224/05) (J. Madden), the court held that plaintiff (an attorney) presented sufficient evidence – pursuant to the narrow public policy exception to the “at-will” employment rule established by the Court of Appeals in Wieder v. Skala, 80 NY2d…

Read More Lawyer’s Wrongful Termination Suit Survives Under Narrow Public Policy Exception to “At Will” Employment Rule
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In Hazen v. Hill Betts & Nash, 2012 WL 19388 (Jan. 5, 2012), the Appellate Division (First Dept.) applied the principle “that the New York State Human Rights Law does not immunize disabled employees from discipline or discharge for incidents of misconduct in the workplace”. Attorney Hazen charged hotel rooms, limousines, alcohol, adult movies and…

Read More Bipolar lawyer’s “disability” does not excuse misconduct
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In Nagle v. Marron et al. (decided Dec. 12, 2011), the Second Circuit vacated a district court’s grant of summary judgment against a schoolteacher (Nancy Nagle) who alleged, under 42 U.S.C. 1983, that she was denied tenure and terminated in retaliation for exercising her First Amendment rights – namely, reporting a fellow teacher for abusing students…

Read More Second Circuit Vacates Discmissal of Teacher’s First Amendment Retaliation Claim
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On August 23, 2011, plaintiff Westley Artope sued ex-model Paige Bluhdorn (and Paul Bluhdorn), alleging that after he rejected Paige’s sexual advances,  he was subjected to a hostile work environment and ultimately fired.  He also alleged federal and state wage/hour violations.  His federal court complaint: [scribd id=64113286 key=key-1eume2eq9ki2s0otlnac mode=list]

Read More Dog trainer sues ex-model for sex-based discrimination and wage/hour violations
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In Jackler v. Byrne, 658 F.3d 225 (2011), the Second Circuit vacated the trial court’s FRCP 12(c) dismissal of plaintiff probationary police officer’s Section 1983/First Amendment retaliation claim.  Plaintiff alleged that he was fired because he refused to follow instructions to retract a report that implicated a police officer in the use of excessive force…

Read More Second Circuit Vacates Dismissal of First Amendment Retaliation Claim Brought by Police Officer Fired For Failing to Submit False Report
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In Albunio et. al. v. City of New York, 16 NY3d 472 (March 31, 2011), the NY Court of Appeals reaffirmed the breadth of the New York City Administrative Code (“Code”), and in particular its anti-retaliation provision, codified at Code § 8-107 (7).  That section provides, in pertinent part:  “It shall be an unlawful discriminatory practice . . .…

Read More NY Court of Appeals clarifies what it means to “oppose[]” a discriminatory practice under NYCHRL’s anti-retaliation provision
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