In Smith v. Centerlight Healthcare, Inc., 17-cv-2135, 2018 WL 3104086 (S.D.N.Y. June 21, 2018), the court, inter alia, dismissed plaintiff’s retaliation claims under Title VII of the Civil Rights Act of 1964 (Title VII) and the Age Discrimination in Employment Act (ADEA). After summarizing the legal standard, the court applied the law to the facts,…
Read More Title VII, ADEA Retaliation Claims DismissedIn Napoleoni v. NYC Dept. of Parks & Recreation et al, 18-cv-2578, 2018 WL 3038502 (E.D.N.Y. June 18, 2018), the court, inter alia, dismissed plaintiff’s claims of race discrimination, age discrimination, and retaliation. Here is an excerpt from the decision, reflecting the court’s reasoning as to plaintiff’s discrimination claims: The Complaint fails to allege a race or…
Read More Court Dismisses Age/Race Discrimination and Retaliation Claims Against the NYC Dept. of Parks and Recreation, DC 37 UnionFrom Matter of Stellar Dental Mgt. LLC v. New York State Div. of Human Rights, 2018 NY Slip Op 04483 (App. Div. 4th Dept. June 15, 2018): We further conclude that substantial evidence supports SDHR’s determination that two of the complainants were subjected to unlawful retaliation. The record establishes that those complainants reported sexual harassment…
Read More State Division Upholds Finding of RetaliationIn Canady v. Univ. of Rochester, et al (2d Cir. 17-1952 May 30, 2018) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim against Rochester University. Here is the relevant law, as summarized by the court: To state a prima facie case for Title VII retaliation a plaintiff must show: “(1) participation in…
Read More 2d Circuit Affirms Dismissal of Retaliation Claim Against Rochester UniversityIn Boliak v. Reilly, 2018 NY Slip Op 03745 (App. Div. 1st Dept. May 24, 2018), the court overturned the dismissal[1]Boliak v. Reilly, 2017 NY Slip Op 32010, Index No. 153941/2016, Judge Erika Edwards, Sept. 22, 2017. of plaintiff’s employment discrimination claims under the NYC Human Rights Law against Father Michael P. Reilly and others. From…
Read More Employment Discrimination Claims Reinstated Against Father Reilly et alIn Gordon v. Bayrock Sapir Organization LLC, 2018 NY Slip Op 03425, 2018 WL 2141237 (N.Y.A.D. 1 Dept., 2018), the court held that plaintiff survived summary judgment on her gender- and race-based hostile work environment claims and retaliation claims under the NYS and NYC Human Rights Laws, and on her discrimination claim under the NYC…
Read More Hostile Work Environment, Retaliation, Discrimination Claims Survive Summary Judgment Against Trump SohoIn Mejia v. T.N. 888 Eighth Ave. LLC Co., 2018 WL 1988855 (NY Sup. Ct. NY Cty., Index No. 150228/2014), the court held that plaintiff sufficiently alleged retaliation under New York Labor Law 215. In his thorough and well-reasoned opinion, New York Supreme Court Justice Robert Kalish wrote, inter alia: Plaintiff then alleged that, in retaliation…
Read More Plaintiff States Retaliation Claim Under NY Labor Law 215 [Meija v. T.N. 888 Eighth Ave LLC]In Duplan v. City of New York, 2018 WL 1996613 (2d Cir. April 30, 2018), the U.S. Court of Appeals held, inter alia, that plaintiff – a gay black Haitian man – sufficiently alleged retaliation under Title VII of the Civil Rights Act of 1964. The court initially held that plaintiff, a New York City…
Read More Title VII Retaliation Claim Survives Dismissal [Duplan v. City of New York]In HUA LIN, Plaintiff-Appellant, v. NEW YORK STATE DEPARTMENT OF LABOR, Defendant-Appellee., 2018 WL 1940394, at *2 (C.A.2 (N.Y.), 2018) (Summary Order), the court affirmed the dismissal of plaintiff’s Title VII retaliation claim. In resisting dismissal, plaintiff argued, inter alia, that the employer’s explanation for its failure to hire her shifted, justifying a finding of “but…
Read More Retaliation Claim Properly Dismissed, Despite Alleged Inconsistent Explanation [Lin v. NYS Dept. of Labor]In Mayer v. Time, Inc., 17-cv-5613, 2018 WL 1738322 (S.D.N.Y. April 9, 2018) (J. Cote), the court dismissed plaintiff’s sex and age discrimination case on the ground of forum non conveniens. The court explained the legal principles applicable to the doctrine, including by noting the three factors to be considered: (1) the degree of deference to be…
Read More Sex, Age Discrimination Claims Dismissed Under Forum Non Conveniens Doctrine; U.K. Was More Appropriate Forum