Retaliation

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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”
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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
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In Dall v. St. Catherine of Siena Medical Center, the Eastern District of New York denied defendant’s motion for summary judgment as to plaintiff’s gender discrimination claim, but granted it as to his hostile work environment and retaliation claims. Plaintiff (who is male) resigned after a female co-worker (Birmingham) filed an internal complaint of sexual…

Read More Gender Discrimination, But Not Hostile Work Environment and Retaliation Claims, Survive Summary Judgment
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The Eastern District of New York recently held, in Litras v PVM Intern. Corp., that plaintiff plausibly alleged various claims relating to non-payment of wages and retaliation. Plaintiff – who was employed by PVM as an export manager – alleged that her employment was terminated because she testified against defendants (the Sabhnanis) in a federal…

Read More Plaintiff Adequately Alleged Overtime, Vacation Pay, Retaliation, and Civil Rights Conspiracy Allegations
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A recent case, Antolino v. Distribution Management Consolidators Worldwide, illustrates the breadth of the New York Labor Law when it comes to protecting employees who are subjected to retaliation for alleging the failure to pay wages.   There, the court denied defendant’s motion to dismiss under CPLR 3211(a)(7), and held that the plaintiff (defendant’s senior vice…

Read More Plaintiff Sufficiently Alleged Retaliation For Opposing Employer’s Deprivation of Wages
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In Muktadir v. Bevacco Inc., the Eastern District of New York recently denied defendants’ motion to dismiss in its entirety, holding that the plaintiff’ (who is represented by my colleague Bryan Arce) “easily satisf[ied]” the pleading standard for his race discrimination, national origin discrimination, religious discrimination, hostile work environment, retaliation, and individual liability claims. As to…

Read More Federal Judge Denies “Patently Meritless Motion” to Dismiss Discrimination, Hostile Work Environment, and Retaliation Claims
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In Thomas v. Public Storage Inc., 12-cv-8804, 957 F. Supp. 2d 496 (SDNY July 31, 2013), the Southern District of New York held that where an employee received notice of an employer’s arbitration policy at the beginning of her employment and continued to work there, the arbitration clause may be enforced – notwithstanding the employee’s argument…

Read More Arbitration Clause Enforced, Despite Plaintiff’s Argument That She Neither Saw Nor Signed It
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… like a rich ex-beauty queen whose views, according to a recent court filing, conflict with federal and state law. Below (and copy here) is the federal court complaint filed by workers last week against fashion designer and former Miss Ecuador Gabriela Cadena, her company, and other defendants for violations of the federal Fair Labor Standards…

Read More Hell Hath No Fury…
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Today the U.S. Supreme Court held, in Univ. of Tex. Sw. Med. Ctr. v. Nassar, that retaliation claims under Title VII of the Civil Rights Act of 1964 must meet the more rigorous “but for” standard of causation applied under the Age Discrimination in Employment Act.   The Court, focusing on the text, history, and structure…

Read More U.S. Supreme Court Raises Causation Standard For Title VII Retaliation Claims
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A case recently decided by the Eastern District of New York, Smith v NYC Health and Hosp Corp., 10-cv-714 (EDNY June 18, 2013), illustrates the somewhat difficult task faced by employment discrimination plaintiffs and confirms that not all workplace adversity is actionable. In short, the law does not impose a “general civility code which prohibits all…

Read More Court Rejects Plaintiff’s Hostile Work Environment and Retaliation Claims
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