Retaliation

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In Ciulla-Noto v. Xerox Corp., No. 16-CV-6362-FPG, 2017 WL 491688 (W.D.N.Y. Feb. 7, 2017), the court dismissed plaintiff’s retaliation claim under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. In sum, plaintiff filed an EEOC charge alleging disability and gender discrimination. About a year later, plaintiff was involved in an altercation with…

Read More Court Dismisses Retaliation Claim; Termination Closely Followed Plaintiff’s Involvement in Altercation at Work
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In Lee v. Carolyn Colvin, Acting Comm’r of Soc. Sec., Defendant., No. 15 CIV. 1472 (KPF), 2017 WL 486944 (S.D.N.Y. Feb. 6, 2017), the court held that plaintiff – a federal employee – sufficiently alleged a retaliation claim under the Rehabilitation Act.[1]The court dismissed several of plaintiff’s other claims, including those for hostile work environment…

Read More Plaintiff States Retaliation Claim Under Rehabilitation Act; Alleged Adverse Actions Include Transfer to Broken Desk and Failure to Promote
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In Offor v. Mercy Medical Center, No. 16-839, 2017 WL 253616 (2d Cir. Jan. 20, 2017) (Summary Order), the court vacated the Federal Rule of Civil Procedure 12(b)(6) dismissal of plaintiff’s Family and Medical Leave Act (FMLA) retaliation claim, but affirmed the dismissal of her Title VII race and national origin discrimination claim. From the Order:…

Read More 2d Circuit Vacates Dismissal of FMLA Retaliation Claim, But Affirms Dismissal of Race/National Origin Discrimination Claim
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In a recently-filed New York state court lawsuit, Valenti v. American International Group et al. (NY Sup. Ct. NY Cty. 150678/2017, filed 1/20/17), plaintiff asserts claims of sexual harassment, hostile work environment, and retaliation under the New York City and State Human Rights Laws. In her complaint, plaintiff describes the atmosphere at the company as…

Read More Sexual Harassment Lawsuit Against AIG
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In Balgley v. N.Y. City Health & Hosps. Corp., No. 14-CV-9041 (KBF), 2017 WL 95114 (S.D.N.Y. Jan. 10, 2017), Southern District Judge Katherine Forrest dismissed plaintiff’s retaliation claim under the Americans with Disabilities Act (ADA) and his disability discrimination claim under the New York City Human Rights Law (NYCHRL). In sum, plaintiff alleges that defendant unlawfully…

Read More Court Dismisses Disability Discrimination and Retaliation Claims
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In Green v. Avis Budget Grp., Inc., No. 11-CV-00269V(F), 2017 WL 35452 (W.D.N.Y. Jan. 4, 2017), the court dismissed plaintiff’s employment discrimination (disparate treatment), hostile work environment, and retaliation claims. Here I’ll discuss the court’s evaluation of the “adverse employment action” element of the prima facie case[1]“To establish a prima facie case of employment discrimination…

Read More Criticism of Work, Failure to Provide Desired Schedule (Etc.) Were Not “Adverse Employment Actions”
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In Baez v. Anne Fontaine USA, Inc., No. 14-CV-6621 (KBF), 2017 WL 57858 (S.D.N.Y. Jan. 5, 2017), the Southern District of New York denied defendants’ motion for summary judgment on plaintiff’s retaliation claims under Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws, her hostile…

Read More Retaliation & Hostile Work Environment Claims, Based on Complaints of Bra-Less “Rumor” and “Office Drama”, Survive Summary Judgment
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From Humphries v. City Univ. of N.Y., 2017 NY Slip Op 00034 (App. Div. 1st Dept. Jan. 3, 2017): The motion court correctly determined that the State Human Rights Law retaliation claim (Executive Law § 290 et seq.) is barred by the doctrine of collateral estoppel (see Buechel v Bain, 97 NY2d 295, 303-304 [2001], cert…

Read More Adverse Arbitration Decision Properly Resulted in Dismissal of Retaliation Claim
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In Yang v. Navigators Group, Inc., No. 16-77-CV, 2016 WL 7436485 (2d Cir. Dec. 22, 2016) (Summary Order), the court vacated an award of summary judgment in favor of defendant Navigators Group, Inc. on plaintiff’s claim of retaliatory discharge for protected whistleblowing activity in violation of Section 806 of the Sarbanes-Oxley Act (“SOX”). The law: To…

Read More 2d Circuit Vacates Summary Judgment Dismissal of SOX Retaliatory Discharge Whistleblower Lawsuit
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In order to hold an employer liable for a hostile work environment, a plaintiff needs to establish two elements: The existence of a hostile work environment (i.e., sufficiently “hostile” conduct connected a protected characteristic); and A specific basis for imputing the hostile work environment to the employer (vicarious liability). A recent case, Ward v. Shaddock, No.…

Read More Hostile Work Environment Created by Co-Worker Not Imputable to Entity Employer
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