Retaliation

by

The New York State Division of Human Rights has released its “Guidance on Sexual Harassment For All Employers in New York State.” It provides, among other things: The provisions of the [New York State] Human Rights Law generally apply to employers with four or more employees. However, with regard specifically to sexual harassment, the Human…

Read More NYS Division of Human Rights Issues Guidance on Sexual Harassment to New York State Employers
Share This:
by

In Riddle v. Citigroup, 15-233-cv, a Second Circuit Summary Order issued today, the court held that the district court properly dismissed plaintiff’s retaliation claim for failure to state a claim. This Order is instructive on how courts evaluate a retaliation claim based on so-called “temporal proximity” between the alleged protected activity, on the one hand,…

Read More Retaliation Claim Properly Dismissed; Sixteen Months Was Too Long to Establish “Temporal Proximity”
Share This:
by

In a Brooklyn federal lawsuit, captioned Cox v. 5Linx Enterprises, Inc. et al, 16-cv-00611 (EDNY filed 2/5/16), the plaintiff alleges that she was subjected to sexual harassment and then retaliation for complaining about it, in violation of various statutes, including Title VII of the Civil Rights Act of 1964. Specifically, she alleges (among other things)…

Read More Sexual Harassment Lawsuit Against 5Linx Enterprises Inc. et al
Share This:
by

In Locorriere v. NBTY, Inc., No. 13CV7277, 2016 WL 625618 (E.D.N.Y. Feb. 17, 2016), the court granted defendant’s motion for summary judgment on plaintiff’s claims of race/ethnicity and national origin discrimination, disability discrimination, hostile work environment, retaliation, and constructive discharge. Plaintiff, a female of Mexican national origin, worked for defendant as an inspector. She alleged,…

Read More Citing Lack of Remarks or Different Treatment, Court Dismisses Mexican Woman’s Discrimination Claims
Share This:
by

A Summary Order issued today by the Second Circuit (in Kirkweg v. New York City Department of Education) includes language helpful to plaintiffs asserting retaliation claims. Citing the Supreme Court’s decision in Burlington N. & Sante Fe Ry. Co. v. White, 548 U.S. 53, 68−70 (2006) and Second Circuit precedent, the Second Circuit explains: In granting dismissal,…

Read More Second Circuit: Pecuniary Injury Not Necessary for “Adverse Action” for Retaliation Claim
Share This:
by

In a recent complaint filed in the Southern District of New York, Moore v. Despont Studios LLC et al, 15-cv-00619, plaintiff – an architect and former employee of Despont Studios LLC d/b/a The Office of Thierry W. Despont, Ltd. – asserts claims of gender discrimination, pregnancy discrimination, and retaliation. From her complaint: In stark contrast to its progressive…

Read More Lawsuit: Pregnancy/Gender Discrimination, FMLA Retaliation Allegations Against Despont Studios LLC d/b/a The Office of Thierry W. Despont, Ltd.
Share This:
by

In Lago v. Wen Management Corp., 2016 WL 165834 (N.Y. Sup. Qns. Jan. 8, 2016), the court granted defendants’ motion for summary judgment and dismissed plaintiff’s age discrimination, gender discrimination, and retaliation claims. The court held that plaintiff’s discrimination claims faltered at the first step of the analysis (i.e., he failed to demonstrate a prima…

Read More Replacement of Oldest Employee by Younger Employee Insufficient to Establish Age Discrimination
Share This:
by

In Alexander-Callender v. NBTY et al, No. 14-CV-2462 (JS)(AYS), 2015 WL 9581819 (E.D.N.Y. Dec. 30, 2015), the Eastern District of New York dismissed, as insufficiently pled, plaintiff’s sexual harassment (hostile work environment), race discrimination, and retaliation claims. In her complaint, plaintiff alleged that a co-worker, for example, stared at plaintiff in a “sexually inappropriate manner”…

Read More Sexual Harassment Hostile Work Environment Claim Insufficiently Alleged
Share This:
by

In a lawsuit filed on December 30, 2015 in New York Supreme Court (Figueroa v. Ministry for Foreign Affairs of Sweden et al., Index # 163141/2015), plaintiff Carlos Figueroa, a chauffeur and office clerk employed by the Sweden’s New York Mission to the United Nations, asserts various claims, including for personal injuries (sustained while assembling…

Read More Personal Injury and Discrimination Lawsuit Against Sweden’s New York Mission to the United Nations
Share This:
by

From Grasso v. EMA Design Automation, 14-4109 (2nd Cir. Oct 28, 2015): It is undisputed that between 2009 and 2011, defendant experienced the effects of an economic recession that caused its revenues to decline and led to cuts to its workforce, including the termination of more than a quarter of its employees between 2009 and…

Read More Reduction-In-Force Justified Termination; Retaliation Claim Dismissed
Share This: