Retaliation – Page 79 – Pospis Law, PLLC

July 12, 2011 by mjpospis

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

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 . . .…

FLSA Anti-Retaliation Provision Covers Oral, as Well as Written, Complaints

In Kasten v. Saint-Gobain Performance Plastics Corp., 131 S.Ct. 1325 (2011), the U.S. Supreme Court held that the Fair Labor Standards Act’s (FLSA) anti-retaliation provision does not require the submission of a written complaint. That provision, codified at 29 U.S.C. 215(a)(3), makes it unlawful to, inter alia, “discharge or in any other manner discriminate against any employee…

Supreme Court Permits Fired Fiance to Maintain Title VII Retaliation Suit

On January 24, 2011, the U.S. Supreme Court (in an opinion authored by Justice Scalia) unanimously held that an employee (Eric Thompson), who was fired after his fiancee Miriam Regalado filed an EEOC charge alleging sex discrimination, could assert a claim for retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C.…