Retaliation

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In Goodwine v. City of New York, No. 15-CV-2868 (JMF), 2016 WL 3017398 (S.D.N.Y. May 23, 2016), the court denied defendants’ FRCP 12(b)(6) motion to dismiss plaintiff’s retaliation and gender/race disparate treatment claims. Plaintiff, an African American woman employed by the NYC Dept. of Information & Telecommunications, sufficiently alleged retaliation by alleging that (1) she…

Read More Plaintiff Sufficiently Alleges Retaliation and Gender/Race Discrimination (But Not Hostile Work Environment)
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A recent Southern District case, Moore v. Verizon, No. 13-CV-6467 (RJS), 2016 WL 825001 (S.D.N.Y. Feb. 5, 2016), illustrates that the New York City Human Rights Law – while the broadest of the anti-discrimination statutes protecting New York City employees and residents – is not of unlimited breadth. Here, plaintiff (a 62 year-old African American…

Read More Two Age-Related Comments Insufficient to Establish Liability Under the NYC Human Rights Law, Court Holds
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In Gomez v. Stonybrook Univ., 14-cv-7219, 2016 WL 1039539 (E.D.N.Y. Jan. 28, 2016), report and recommendation adopted, 2016 WL 1045536 (E.D.N.Y. Mar. 15, 2016), the court held that plaintiff did not suffer an “adverse employment action” and hence dismissed her discrimination claim. (The below text is taken from the Magistrate’s Report and Recommendation.) This case…

Read More Denial of Transfer Did Not Amount to an “Adverse Employment Action”
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In employment discrimination law, the term “unlawful employment practice” has a very specific meaning. In Cooper v. New York State Department of Labor, 15-3392 (2nd Cir. April 26, 2016), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. Here are the (summarized) facts: In December…

Read More 2d Circuit: Title VII Retaliation Claim Was Properly Dismissed; Amendment of Internal Procedures Was Not an “Unlawful Employment Practice”
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In a recently-filed lawsuit, captioned Grant v. New York Times et al, 16-cv-03175 (filed April 28, 2016), two named plaintiffs (individually and on behalf of all similarly situated persons) allege age, race, and gender discrimination against the New York Times. From the complaint: The New York Times, widely touted as the “paper of record,” has…

Read More Age, Race, Gender Discrimination Lawsuit Against the New York Times
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In Krebaum v Capital One, N.A., 2016 NY Slip Op 02914 (App. Div. 1st Dept. April 14, 2016), the court modified a lower court’s order, and held that plaintiff’s claims of age discrimination and retaliation under the New York State and City Human Rights Law should have been denied. Upon review of the evidence in the…

Read More Negative Comments About Age Sufficient to Overcome Summary Judgment on Plaintiff’s Age Discrimination Claim
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In Picarella v. HSBC Securities, 14-cv-4463 (Order filed April 5, 2016), Southern District of New York Judge Andrew Carter denied defendant’s motion for summary judgment on plaintiffs’ retaliation claims. Plaintiffs Michael Picarella and James Rist asserted that HSBC retaliated against them after they reported the sexual harassment of a coworker. I previously wrote about this case…

Read More Retaliation Claims Against HSBC for Reporting Coworker Sexual Harassment Survive Summary Judgment
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In a lawsuit filed in New York Supreme Court on April 12, 2016, Malik v. City of New York et al, Index No. 153118/2016, plaintiffs allege that Richard Emery, the Chair of the Civilian Complaint Review Board (CCRB), referred to CCRB Executive Director Mina Malik and another female CCRB employee as “pussies” (which the complaint characterizes…

Read More Misogny and Retaliation Alleged at Civilian Complaint Review Board
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In Bouveng v. NYG Capital LLC et al, 175 F.Supp.3d 280 (S.D.N.Y. Mar. 31, 2016), Judge Gardephe – in a lengthy and thoughtful opinion – ruled on defendants’ post-trial motions following a jury’s verdict in favor of, and considerable award to, Hanna Bouveng in her sexual harassment lawsuit against various defendants, including Benjamin Wey. Among…

Read More SDNY Upholds Jury Verdict on Quid Pro Quo Sexual Harassment Claims Against Benjamin Wey et al
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In a lawsuit recently filed in Manhattan federal court (Ravina v. Columbia University, 16-cv-02137), the plaintiff – an Assistant Professor of Finance at Columbia University – alleges (among other things) that after enduring quid pro quo sexual harassment by a tenured professor, “Columbia refused to stop his discriminatory behavior”, “allowed [plaintiff] to continue to be victimized…

Read More Professor Files Sexual Harassment and Retaliation Lawsuit Against Columbia University
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