In Giudice v. Red Robin Int’l, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal on summary judgment of plaintiff’s retaliation claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Under both statutes: [T]o make out a prima facie case of retaliation, a plaintiff…
Read More Retaliation Claim Fails Where Discipline Preceded Complaint of HarassmentBelow and here is the complaint filed by teacher Gregory Kenney against Trinity School, Pat Krieger, and Ann Gravel seeking relief under the New York State and City Human Rights Laws. The lawsuit is captioned Kenney v. Trinity School et al, NY Supreme Court, Index No. 161600-2013. Plaintiff – a “heterosexual, married male with three young children”…
Read More “Reverse” Discrimination Case Against Heterosexual TeacherIn Sandiford v. City of New York Dept. of Education the New York Court of Appeals (the state’s highest court) yesterday, Oct. 17, 2013, affirmed the Appellate Division’s order permitting plaintiff’s sexual orientation discrimination and retaliation claims under the New York State and City Human Rights Laws to proceed. The Court of Appeals decision is rather terse; for…
Read More Teacher May Continue Sexual Orientation Discrimination and Retaliation ClaimsAs reported in the Huffington Post, a former Starbucks manager recently sued the company under the New York State and New York City Human Rights Laws. Plaintiff alleged that following her arrest for assaulting another employee, she was “accused” of having a lesbian relationship with that employee. Plaintiff denies being gay. Plaintiff alleged (among other…
Read More Starbucks Manager Alleges She Was Fired After Opposing False Claim of Being GayIn a letter dated February 14, 2013, 37 senators urged President Obama to issue an Executive Order protecting LGBT employees of federal contractors against discrimination. This would supplement the protections embodied in Executive Order No. 11246 (signed by President Johnson in 1965), which requires federal contractors to refrain from discriminating because of race, creed, color,…
Read More Senators Urge Pres. Obama to Issue Executive Order Protecting LGBT Employees of Federal Contractors Against DiscriminationBelow is the complaint – captioned Greene et al v. Amber Asian Cuisine Inc., NY Sup. Ct. Index 156387/2012 (filed 9/14/12) – in which plaintiffs allege that Amber Asian Cuisine refused to allow Plaintiffs, a gay couple, to hold their rehearsal dinner at, and have their wedding catered by, the restaurant.
Read More “No Gay Weddings” Restaurant Gets SuedBowling v. 220 W. 42nd St., LLC, 104717/09 (Sup. NY July 7, 2011): Plaintiffs, two homosexual males, were allegedly physically and verbally threatened by two security guards after kissing in a McDonald’s restaurant. It was undisputed that defendant 220 maintained, and that the defendant security guards were employed by, the restaurant where the incident occurred. The…
Read More NYS trial court allows case arising from homosexual slurs to continue against restaurantIn 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