Retaliation

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In a recently-filed NY Supreme Court lawsuit captioned Salvat v. Construction Resources Corp et al., plaintiff (a female iron worker) asserts, inter alia, that a male employee (Anthony Sango) threatened to tell her fiance that she was speaking to a shop steward, unless she gave him her panties and then photographed her while she was…

Read More Female Construction Worker’s Sexual Harassment Lawsuit Includes Allegation that Male Co-Worker Took Pictures of Her in the Bathroom
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In Camarda v. City of New York et al, 15-3262-cv, 2016 WL 7234686 (2d Cir. Dec. 14, 2016) (Summary Order), the Second Circuit affirmed the summary judgment dismissal (Camarda v. City of NY, EDNY 11-cv-2629, Sept. 16, 2015 (J. Mauskoopf)) of plaintiff’s claims of sex discrimination, hostile work environment, and retaliation under 42 U.S.C. § 1983;…

Read More 2nd Circuit Explains Decision to Affirm Dismissal of Police Officer’s Sexual Harassment, Gender Discrimination, Hostile Work Environment, and Retaliation Claims
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In Bell v. McRoberts Protective Agency, Inc., No. 15-CV-0963 (JPO), 2016 WL 7192083 (S.D.N.Y. Dec. 12, 2016), the court dismissed plaintiff’s federal, state, and city claims of religious, race, and sex discrimination under Federal Rule of Civil Procedure 12(b)(6). (This decision, which follows a prior dismissal of plaintiff’s claims, focuses on plaintiff’s amended complaint.) Initially,…

Read More Religious, Race, Sex Discrimination Claims Dismissed on Non-Exhaustion and Substantive Grounds
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In McFadden v. Cty. of Monroe, No. 14-2167, 2016 WL 7107468 (2d Cir. Dec. 6, 2016) (Summary Order), the court affirmed the dismissal of plaintiff’s race discrimination and retaliation claims under 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964. Municipal Liability As to municipal liability, the court explained that…

Read More Court Discusses Municipal, Individual, and “Cat’s Paw” Liability in Race Discrimination Case
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In Willis v. Cty. of Onondaga, No. 14-cv-1306, 2016 WL 7116126 (N.D.N.Y. Dec. 6, 2016), the court dismissed plaintiff’s sexual harassment, racial harassment, retaliation, and other claims asserted under Title VII of the Civil Rights Act of 1964. Here I’ll discuss the court’s evaluation of plaintiff’s Title VII sexual harassment claim. Plaintiff, an African-American heterosexual…

Read More Court Dismisses Sheriff’s Sexual Harassment and Other Claims; Court Assumed Conduct Was “Because of Sex” and Sufficiently “Severe” and “Pervasive” But Was Not Imputable to Defendant
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In Dollinger v. N.Y. State Ins. Fund, No. 314CV908MADDEP, 2016 WL 6833993 (N.D.N.Y. Nov. 18, 2016), the court dismissed plaintiff’s disability discrimination, hostile work environment, and retaliation claims. Plaintiff alleged, inter alia, “that he has been subjected to such treatment because he is ‘regarded as belonging to a group associated with high risk for HIV/AIDS;…

Read More Disability Discrimination Lawsuit Dismissed on the Pleadings; “Gay Terrorist” Email Among Allegations Failing to Meet “Plausibility” Pleading Standard
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In Ellison v. Chartis Claims, Inc., 2016 NY Slip Op 51336(U), 53 Misc 3d 1203(A) (N.Y. Sup. Ct. Kings Cty. Sept. 23, 2016), the court dismissed plaintiff’s race discrimination (including wrongful termination, salary discrimination, and failure to promote), retaliation, hostile work environment, and other claims. Among other things, the decision provides an instructive point regarding the…

Read More Race Discrimination, Hostile Work Environment, and Retaliation Claims Dismissed Against AIG
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In Szwalla v. Time Warner Cable LLC, No. 15-3479, 2016 WL 7018340 (2d Cir. Dec. 1, 2016) (Summary Order), the Second Circuit affirmed the summary judgment dismissal of plaintiff’s hostile work environment/sexual harassment and retaliation claims under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that two supervisors sexually harassed her…

Read More Sexual Harassment (Hostile Work Environment) & Retaliation Claims Properly Dismissed Against Time Warner Cable
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A recent decision, Forest v. NYS Office of Mental Health, No. 15-3950, 2016 WL 6917228 (2d Cir. Nov. 23, 2016) (Summary Order), illustrates that not every employer’s action qualifies as an “adverse employment action” sufficient to establish a retaliation claim under Title VII of the Civil Rights Act of 1964. In this case, the court…

Read More Title VII Retaliation Claim Properly Dismissed; Discipline Per Employer Policy and “Trivial Harms” Were Not “Adverse Employment Actions”
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In Caputo v. Copiague Union Free Sch. Dist., No. CV 15-5292 (DRH), 2016 WL 6581865 (E.D.N.Y. Nov. 4, 2016), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claim under the Americans with Disabilities Act and the New York State Human Rights Law. The court summarized the law: In order to state a…

Read More Retaliation, But Not Age Discrimination, Claims Sufficiently Alleged; Seven-Month Gap Between Disability Accommodation Request and Alleged Retaliatory Act Not Too Long as a Matter of Law
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