From Coyle v. College of Westchester, Inc., 2018 NY Slip Op 07699, 2018 NY Slip Op 07699 (App. Div. 2d Dept. Nov. 14, 2014): We agree with the Supreme Court’s determination to grant that branch of the defendants’ motion which was to dismiss the cause of action alleging violation of Labor Law § 740, commonly known as…
Read More Court Affirms Dismissal of Labor Law 740 Whistleblower Law ClaimIn McPartlan-Hurson v. Westchester Community College, 13-CV-2467, 2018 WL 5801057 (S.D.N.Y. Nov. 5, 2018), the court held that evidence pertaining to plaintiff’s (dismissed) discrimination claims was relevant, and admissible, on her retaliation claim under Title VII of the Civil Rights Act of 1964. The law, as summarized by the court: To make out a claim of…
Read More Discrimination Evidence Ruled Admissible on the Issue of RetaliationIn Mauze v. CBS Corporation, 15-CV-4905, 2018 WL 5115564 (E.D.N.Y., 2018), the court, inter alia, denied defendant’s motion for summary judgment as to her retaliation claims. In reaching this conclusion, the court explained: [Plaintiff] has … established a sufficient causal connection between her engagement in protected activity and her termination. See Gordon v. NYC Bd.…
Read More Retaliation, But Not Discrimination, Claims Survive Summary Judgment Against CBSIn Lues v. City of New York, 2018 NY Slip Op 32546(U), Index No. 161923/2013 (NY Sup. Ct. NY Cty. Oct. 5, 2018), the court held that plaintiff’s retaliation, but not gender and nationality-based discrimination, claims survived summary judgment. With respect to her discrimination claims, the court noted, inter alia, the absence of “evidence demonstrating that…
Read More Retaliation Claim Continues Against City of New York; Court Cites Changed Demeanor After Learning of LawsuitIn a recently-filed lawsuit against the WeWork Companies (copy below), the plaintiff alleges, inter alia, that plaintiff was twice sexually assaulted by male WeWork employees at company-wide events which, according to the complaint, “are as notorious as its free beer-all-day and mandatory happy hour policies.”
Read More Sexual Harassment Lawsuit Against WeWorkIn a recent case, Aguilar v. Struhl-Nasjletti, 2018 NY Slip Op 32410(U) (NY Sup. Ct. Bx. Cty Index 0023250/2016 May 18, 2018), the court held, inter alia, that plaintiff guidance counselor sufficiently alleged a retaliation claim under the New York City Human Rights Law. In sum, plaintiff alleged that after filing a lawsuit in 2012 accusing…
Read More Retaliation Claim Sufficiently Alleged Against Principal Under the NYC Human Rights LawIn Alexander v. Possible Productions, Inc., 17-cv-5532, 2018 WL 4804638 (S.D.N.Y. Oct. 4, 2018), the court denied defendants’ motion to dismiss plaintiff’s claims of retaliation and sex-based discrimination/sexual harassment. In sum, plaintiff – who was employed by Showtime as a body double for the character Alison on the TV show “The Affair” – alleges that…
Read More Body Double’s Sexual Harassment Claims Survive Dismissal, Not Subject to ArbitrationIn Garcia v. Yonkers Board of Education, 2018 WL 4007648 (S.D.N.Y. Aug. 21, 2018), the court, inter alia, dismissed plaintiff’s retaliation complaint. Plaintiff alleged that she was terminated in retaliation for her complaints of sexual harassment. Applying the McDonnell-Douglas burden-shifting framework, the court held that plaintiff could not establish a prima facie case, and even if she…
Read More Retaliation Claim Based on Sexual Harassment Complaints Dismissed; Court Cites Intervening Causes, Severing the Chain of CausationIn a recently-filed lawsuit, captioned Johnna Ayres v. Bloomberg L.P. Michael Bloomberg, and Lawrence Diamond, N.Y. Sup. Ct., Kings Cty., Index No. 517214/2018, filed Aug. 23, 2018, the plaintiff alleges various claims – including sex discrimination (disparate treatment and disparate impact), age discrimination (disparate treatment and disparate impact), hostile work environment, and retaliation against Bloomberg…
Read More Discrimination Lawsuit Against Bloomberg et alIn Pothen v. StonyBrook University, 2018 WL 3954148 (E.D.N.Y. Aug. 15, 2018), the court adopted a Report and Recommendation (R&R) that plaintiff’s discrimination and retaliation claims be dismissed. In doing so, the court discussed the so-called “continuing violation” doctrine. From the decision: the Court agrees with the R&R’s conclusion that plaintiff’s claims based on separate,…
Read More Absent Evidence of “Practice or Policy” of Discrimination, Court Declines to Apply “Disfavored” Continuing Violations Doctirine “Continuing Violation” Doctrine Held Inapplicable