Retaliation

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On August 25, 2016, the U.S. Equal Employment Opportunity Commission issued a document titled “EEOC Enforcement Guidance on Retaliation and Related Issues“. This document, among other things, outlines the elements of a retaliation cause of action under the statutes administered by the EEOC – including Title VII of the Civil Rights Act of 1964, the Age…

Read More EEOC Issues “Enforcement Guidance on Retaliation and Related Issues”
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In Sarr v. Saks Fifth Ave. LLC, 151303/2015, 2016 NY Slip Op 31751(U) (NY Sup Ct NY Cty Sept. 20, 2016), the court dismissed the claims brought by the Muslim plaintiff, under the NYS and NYC Human Rights Laws, of employment discrimination, retaliation, and hostile work environment. After reviewing the legal standard/burden-shifting framework for evaluating plaintiff’s discrimination claims,…

Read More Court Dismisses Muslim Plaintiff’s Employment Discrimination, Retaliation, Hostile Work Environment Claims Against Saks Fifth Avenue
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In a recently-filed Manhattan Supreme Court lawsuit, captioned Cohen v. Speyer Legacy School et al (NY Sup. Ct. NY Cty. 157853/2016), plaintiff asserts that he was subjected to discrimination based on his sexual orientation and retaliation against an elite private Manhattan school for gifted children. Plaintiff (who is gay) alleges, among other things, that he…

Read More Sexual Orientation Discrimination Lawsuit Against Speyer Legacy School
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In La Porta v. Alacra, Inc., 142 A.D.3d 851, 2016 NY Slip Op 06113 (App. Div. 1st Dept. Sept. 22, 2016), the court held that plaintiff stated claims for hostile work environment sexual harassment and retaliation (but not hostile work environment-based constructive discharge). The court summarized plaintiff’s claims as follows: Plaintiff, the manager of defendant…

Read More Sexual Harassment Case (Including Facebook “Boobs” Comment) Survives Motion to Dismiss
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In Elmessaoudi v. Mark 2 Restaurant LLC, No. 14 CIV. 4560 (PGG), 2016 WL 4992582 (S.D.N.Y. Sept. 15, 2016), the court held that plaintiff submitted sufficient evidence to survive summary judgment on his retaliation claim. From the decision: Plaintiff has presented circumstantial evidence that is sufficient to create a question of fact as to whether…

Read More Retaliation/Sexual Harassment Claim Survives Summary Judgment; Pretext Shown
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In Parra v. City of White Plains et al, No. 13 CV 5544 (VB), 2016 WL 4734666 (S.D.N.Y. Sept. 9, 2016), the court denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claim (but granted it with respect to plaintiff’s retaliation claim). In sum, plaintiff – a police officer – alleges that two…

Read More Police Officer’s Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment
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A recent decision, Frazier v. City of New York Dep’t of Correction, No. 14-CV-1224 (KAM)(PK), 2016 WL 4444775 (E.D.N.Y. Aug. 23, 2016), addressed whether certain alleged actions were “adverse employment actions” sufficient to support a proposed complaint amendment to add a claim of retaliation. Initially, the court addressed the procedural issue of whether plaintiff should be…

Read More Court Rejects Motion to Amend Complaint to Add Retaliation Claim; Informal Reprimands Were Not “Adverse Employment Actions”
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A female partner at the law firm of Chadbourne & Parke LLP filed a Manhattan federal lawsuit (captioned Kerrie Campbell v. Chadbourne & Parke LLP et al, SDNY 16-cv-6832), which “seeks relief on behalf of herself and other female Partners who have been disparately underpaid, systematically shut out of Firm leadership, demoted, de-equitized and terminated.”

Read More Gender Discrimination Class-Action Lawsuit Against Chadbourne & Parke
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In Redfern-Wallace v. Buffalo News, Inc., No. 12-CV-471, 2016 WL 4361129 (W.D.N.Y. Aug. 16, 2016), the court adopted a Magistrate’s Report & Recommendation that defendants’ motions for summary judgment dismissing plaintiff’s discriminatory-discharge, hostile work environment, and retaliation claims be granted. As to plaintiff’s discriminatory-discharge claim, the court explained: Based on the undisputed facts, it is clear that…

Read More Crass Text Messages to Co-Worker, Not Discrimination, Were Reason For Termination; “Niagara”, “Chia Pet” Comments Did Not Constitute Hostile Work Environment
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Today, in Vasquez v. Empress Ambulance Service, 15-3239-cv (2d Cir. Aug. 29, 2016), the Second Circuit – in an opinion authored by Judge Calabresi – vacated a lower court’s dismissal of plaintiff’s retaliation claim under Title VII, and explicitly held “that an employer may be held liable for an employee’s animus under a ‘cat’s paw’…

Read More Second Circuit Reinstates Retaliation Claim Based on “Cat’s Paw” Theory
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