Retaliation

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In Minckler v. UPS, 2015 WL 6510537 (N.Y. App. Div. 3d Dept. Oct. 29, 2015), an upstate appellate court affirmed the dismissal of plaintiff’s sexual harassment/hostile work environment and retaliation claims against her former employer UPS, but held that her claim for assault and battery could continue against a co-worker. The Facts Plaintiff, a UPS administrative…

Read More “Uncivil and Crude” Comments Did Not Amount to Sexual Harassment/Hostile Work Environment at UPS
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The Southern District of New York recently held, in Khan v. Hilton Worldwide, Inc., No. 14 CIV. 1011 ALC, 2015 WL 738108 (S.D.N.Y. Feb. 20, 2015), that a failure to rehire an employee qualifies as an “adverse employment action” and that plaintiff’s retaliation claims under Title VII and the NYC Human Rights Law survived defendants’…

Read More Court: “Failure to Rehire” is an “Adverse Employment Action”
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Last week in Simmons-Grant v. Quinn Emanuel Urquhart & Sullivan, LLP, the Southern District of New York held that defendant law firm did not engage in race discrimination against an African American contract attorney.  Plaintiff argued that, as an African American attorney, she was given less lucrative work than other non-African American contract attorneys retained…

Read More Court Dismisses Attorney’s Race Discrimination and Retaliation Claims Against Law Firm
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Below is a copy of the lawsuit filed against the Metropolitan Opera by stage carpenter Teri Orsburn.   Ms. Orsburn alleges, among other things, sexual harassment, retaliation, negligent supervision and retention, intentional and negligent infliction of emotional distress, and battery.   [scribd id=106303619 key=key-1yu9nseehgn1xwe6sgxt mode=scroll]

Read More Sexual Harassment (Etc.) Suit Against Metropolitan Opera
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In Donnelly v. Greenburgh Central School Dist. (2d Cir. Aug. 10, 2012), plaintiff, a former high school teacher, alleged that his employer unlawfully denied him tenure in retaliation for taking protected leave pursuant to the Family and Medical Leave Act (“FMLA”).  Plaintiff received negative reviews and was denied tenure shortly after he took medical leave…

Read More Second Circuit Reverses FMLA Decision Against High School Teacher
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Below is a recently-filed complaint alleging race discrimination and retaliation against Mercedes Benz of Manhattan, its general manager, and its director of human resources.  Plaintiffs Guyton and Grammer, two African Americans who held high-level managerial positions, claimed that after encountering and complaining about racist graffiti – consisting of a swastika, a stick figure hanging from a…

Read More Race Discrimination Lawsuit Against Mercedes
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Below is the complaint filed on March 16th by Alina Borgovan against the Union League Club, containing her allegations that she was subjected to sexual harassment, discrimination based on her national origin (Romanian), and fired in retaliation for complaining of this conduct. [scribd id=85987218 key=key-1wfma9g175x3uaerhu68 mode=list]

Read More Discrimination Lawsuit Against Union League Club
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In Connolly v. Napoli Kaiser Bern LLP, 2012 NY Slip Op 50075(U) (NY Sup Ct. NY Cty. 105224/05) (J. Madden), the court held that plaintiff (an attorney) presented sufficient evidence – pursuant to the narrow public policy exception to the “at-will” employment rule established by the Court of Appeals in Wieder v. Skala, 80 NY2d…

Read More Lawyer’s Wrongful Termination Suit Survives Under Narrow Public Policy Exception to “At Will” Employment Rule
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