Retaliation

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In Brunache v. MV Transp., Inc., 2017 NY Slip Op 05196 (App. Div. 2d Dept. June 28, 2017), the court held (inter alia) that plaintiff – a paratransit van driver who sued after not being reinstated following his dismissal following an investigation into a sexual harassment complaint against him by a passenger – did not state…

Read More Retaliation Claim Not Stated; “General Complaints” Were Not “Protected Activity” Under the NYS Human Rights Law
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In Irrera v. University of Rochester, No. 16-2004, 2017 WL 2587324 (2d Cir. June 15, 2017), the Second Circuit held that the plaintiff – a piano student at the Eastman School of Music at the University of Rochester – plausibly alleged a claim of retaliation for complaining of sexual harassment by his teacher (defendant Dr.…

Read More 2d Circuit Holds That Piano Student’s Title IX Retaliation Claim, Arising From Rejection of Teacher’s Sexual Advances, Was Plausibly Alleged
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In Bantamoi v. St. Barnabas Hosp., 146 A.D.3d 420, 420–21, 44 N.Y.S.3d 398, 399 (N.Y. App. Div. 1st Dept. Jan. 3, 2017), the Appellate Division, First Department unanimously affirmed the dismissal of plaintiff’s retaliation claim under the NYC Human Rights Law. This case addresses one issue that arises in most, if not all, retaliation cases:…

Read More NYC Human Rights Law Retaliation Claim Properly Dismissed; Too Much Time Between Protected Activity and Adverse Action
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In Burgos v. Works, No. 13-CV-704S, 2017 WL 2403305, at *8–9 (W.D.N.Y. June 2, 2017), the court (inter alia) denied defendant’s motion for summary judgment on plaintiff’s race and sex-based hostile work environment, race and sex-based adverse-action discrimination, and retaliation claims.[1]However, it dismissed plaintiff’s age-based hostile work environment and discrimination claims under the Age Discrimination…

Read More Race and Sex-Based Hostile Work Environment Claims Survive Summary Judgment
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In Berrie v. Bd. of Educ. of Port Chester-Rye Union Free Sch. Dist., No. 14-CV-6416 (CS), 2017 WL 2374363 (S.D.N.Y. May 31, 2017) (J. Seibel), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s hostile work environment claims under Title VII of the Civil Rights Act of 1964, the New York State…

Read More Hostile Work Environment Claims Dismissed in Light of Plaintiff’s Failure to Utilize Harassment Reporting Procedures
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In O’Toole v. Cty. of Orange, No. 16 CIV. 2059 (NSR), 2017 WL 2377999 (S.D.N.Y. May 31, 2017), the court denied defendants’ motion to dismiss plaintiff’s Title VII gender discrimination and retaliation claims. As to her gender discrimination claim, the court explained: Fratto first alleges that she was subjected to disparate treatment on the basis of…

Read More Female Corrections Officer Plausibly Alleges Gender Discrimination and Retaliation Under Title VII
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In Flieger v. Eastern Suffolk BOCES, No. 16-2556-CV, 2017 WL 2377853 (2d Cir. June 1, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s disability discrimination claims under the Americans with Disabilities Act. This decision touches on various issues that typically arise in these types of cases. Initially, the court held that plaintiff…

Read More 2d Circuit Affirms Dismissal of Teacher’s Disability Discrimination, Hostile Work Environment, Retaliation, and Failure-to-Accommodate Claims Against Eastern Suffolk BOCES
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In Tubo v. Orange Reg’l Med. Ctr., No. 16-632-CV, 2017 WL 2180952 (2d Cir. May 17, 2017) (Summary Order), the court affirmed the dismissal of plaintiff’s race discrimination, retaliation, and vacation pay/contract claims. As to her race discrimination claim, the court explained: We agree with the district court that Tubo failed to establish a prima…

Read More 2d Circuit: Race Discrimination, Retaliation, & Vacation Pay Claims Properly Dismissed
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In Toombs v. N.Y. City Hous. Auth., No. 16-CV-3352-LTS, 2017 WL 1169649 (S.D.N.Y. Mar. 27, 2017), the court held that plaintiff plausibly alleged race discrimination, hostile work environment, and retaliation, but dismissed her failure-to-accommodate “associational” disability discrimination claim under the Americans with Disabilities Act. Plaintiff, a black female NYC Housing Authority Caretaker, alleged “that she…

Read More Race Discrimination, Hostile Work Environment Claims Continue; Associational Disability Discrimination Claim Dismissed
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In Lopez v. East Hampton Union Free School District, No. 14-cv-1999, 2017 WL 2242874 (E.D.N.Y. May 20, 2017), the court, inter alia, denied defendant school district’s motion for summary judgment on plaintiff’s claims of gender discrimination and retaliation. As to her gender discrimination claim, the court held: Defendant has not met its burden in demonstrating…

Read More Gender Discrimination (Termination) and Retaliation Claims Survive Summary Judgment, Continue Against East Hampton Union Free School District
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