Retaliation

by

Last week in Kelly v. Howard I. Shapiro & Associates Consulting Engineers, P.C. the Second Circuit affirmed the dismissal of plaintiff’s retaliation claims.  The facts, however, are not quite typical: [Plaintiff] quit her job as a human resources manager at her family business after complaining about an affair that one of her brothers, a vice president…

Read More Second Circuit Rejects “Sexual Favoritism” Claim And Clarifies The “Objectively Reasonable Belief” Element Of Retaliation
Share This:
by

A recent decision, Delucia v. Abbondandolo, Index No. 005793-10 (N.Y. Sup. Ct. Nassau Cty. March 11, 2013), held that, in the circumstances of that case, it was unlawful to fire an employee because they file for unemployment benefits. After plaintiff Gina Delucia was let go by a non-party employer, she filed for unemployment benefits.  The…

Read More Retaliation Claim Based On Unemployment Filing Survives
Share This:
by

Mihalik v. Credit Agricole Cheuvreux N. Am., Inc., decided by the Second Circuit today, again illustrates the breadth of the New York City Human Rights Law’s protections against employment discrimination and retaliation.  The Second Circuit vacated the lower court’s decision granting summary judgment to defendant and remanded the case for trial. Plaintiff alleged that her supervisor [CEO…

Read More Sexual Harassment Lawsuit Based On “Boys’ Club” Atmosphere Proceeds To Trial
Share This:
by

Yesterday the U.S. Supreme Court heard oral argument in the case of University of Texas Southwestern Medical Center v. Nassar.  The transcript is below.  I had previously written about the Supreme Court’s decision to hear the case (including the issues to be discussed) here. The issue is whether a plaintiff seeking to prove retaliation under Title…

Read More SCOTUS Hears Oral Argument On Title VII Retaliation Issue
Share This:
by

Below is the complaint filed last week by paralegal (and law school graduate but not yet admitted attorney) against the Law Firm of Ray & Associates and its principal attorney James Ray. Plaintiff alleges violations of various laws, including the Fair Labor Standards Act and the New York City Human Rights Law. While plaintiff asserts…

Read More Polygamy and Pornography: More Lawyers (Allegedly) Behaving Badly
Share This:
by

In Cid v. ASA Institute of Business & Computer Technology, Inc., the Eastern District of New York found that plaintiff stated plausible claims for hostile work environment and retaliation (as well as aiding and abetting against individual defendants). Plaintiff claimed that her supervisor made unwelcome sexual comments, gave her unwanted gifts, and asked her out, and…

Read More Plaintiff Plausibly Alleges Sexual Harassment, Retaliation, and Aiding/Abetting Claims
Share This:
by

Summa v. Hofstra (11-1743, Feb. 21, 2013):  The Second Circuit found that plaintiff student/football team manager Lauren E. Summa presented sufficient evidence to support her retaliation (but not her harassment) claims against the defendants.  Plaintiff claimed that she was harassed by several football players and then subjected to retaliation for complaining about it.  Among other things,…

Read More 2nd Circuit: Student/Coach May Continue Retaliation, But Not Harassment, Claims Against Hofstra University
Share This:
by

Revolutionary War, Part Deux? In a complaint captioned Bottoms v. World Class Learning Academy of New York et al filed on February 28, 2013 in NY state court by Sarah Bottoms against UK-based World Class Learning Academy of New York, plaintiff alleges breach of contract, as well as discrimination and retaliation under the NYS and…

Read More “Get Rid of the Americans”: Suit Against British School
Share This:
by

In a recent opinion (Desardouin v. City of Rochester, No. 12-187-cv (2nd Cir. Feb. 19, 2013)), the Second Circuit reversed a summary judgment for defendant and upheld plaintiff Jewanta Desardouin’s hostile work environment claim. It held that even though her case was not an “obvious” one of hostile work environment, plaintiff’s “allegations of repeated solicitation…

Read More Plaintiff’s Hostile Work Environment Claim Survives Summary Judgment Where Supervisor Said That Plaintiff’s Husband Was “Not Taking Care of Her in Bed”
Share This: