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 IssueBelow 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 BadlyIn 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 ClaimsSumma 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 UniversityRevolutionary 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 SchoolIn 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”In Asabor v. Archdiocese of NY, 2013 NY Slip Op 00275 (App. Div. 1st Dept. Jan. 22, 2013), a New York appellate court reversed summary judgment to defendants on plaintiff’s retaliatory discharge cause of action. Plaintiff, a Nigerian-born black woman, sued her employer and various individuals after she was fired from her job as a…
Read More Retaliation Claim Against Archdiocese of NY SurvivesLast week the U.S. Supreme Court granted a Petition for Writ of Certiorari filed by the University of Texas Southwestern Medical Center in the case captioned University of Texas Southwestern Center v. Naiel Nassar, M.D. General information regarding the case is available at SCOTUSblog; the actual petition is accessible here. The question presented is: Whether
Read More Supreme Court to Decide Whether Mixed-Motive Analysis Applies to Retaliation ClaimsYesterday, in Ross v. Lichtenfeld et al., the Second Circuit (WALKER, Leval, Pooler) held that a government clerk’s claim of First Amendment retaliation should have been dismissed, because she was speaking pursuant to her official duties. The Court applied the rule of Garcetti v. Ceballos, 547 U.S. 410 (2006), that “when public employees make statements…
Read More Second Circuit Dismisses First Amendment Retaliation ClaimIn Donnelly v. Greenburgh Central School Dist. (2d Cir. Aug. 10, 2012), plaintiff, a former high school teacher, alleged that his employer unlawfully denied him tenure in retaliation for taking protected leave pursuant to the Family and Medical Leave Act (“FMLA”). Plaintiff received negative reviews and was denied tenure shortly after he took medical leave…
Read More Second Circuit Reverses FMLA Decision Against High School Teacher