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Retaliation

In Martinez v. Davis Polk & Wardwell LLP, 2017 WL 5592281 (2d Cir. Nov. 21, 2017), the Second Circuit affirmed the dismissal of plaintiff’s Title VII race-based pay discrimination and retaliation claims. (Here I’ll focus on the court’s evaluation of plaintiff’s retaliation claim.) The court explained the legal requirements for making out a retaliation claim: […]

In Kassapian v. City of New York, 2017 NY Slip Op 07985, 2017 WL 5474008 (N.Y.A.D. 2 Dept. Nov. 15, 2017), the Second Department held that plaintiff sufficiently alleged claims of sexual harassment, age discrimination, and retaliation under the NYC Human Rights Law. As to plaintiff’s sexual harassment claim, the court explained: The allegation that […]

In Sims v. Columbia University, NY Sup. Ct. NY Cty. 156566/2013 (Nov. 2, 2017) (J. James), the court granted defendant’s motion for summary judgment on plaintiff’s claims of age, race, and disability discrimination under the New York State and New York City Human Rights Laws. Among its reasons for dismissal were that plaintiff did not […]

In Pfizenmayer v. Hicksville Public Schools et al, 2017 WL 4994482, 17-0568-cv (2d Cir. Nov. 2, 2017) (Summary Order), the Second Circuit affirmed the dismissal – for failure to state a claim under Fed. R. Civ. P. 12(b)(6) – of plaintiff’s employment discrimination, hostile work environment, and retaliation claims under the Age Discrimination in Employment […]

In Graham v .New York State Off. of Mental Health, 2017 NY Slip Op 07501 (App. Div. 3d Dept. Oct. 26, 2017), the court (inter alia) affirmed the dismissal of plaintiff’s claim, asserted under the New York State Human Rights Law, that he was retaliated against for requesting a reasonable accommodation for his disability. From the […]

In Featherstone v. Cornell University, 17-cv-565, 2017 WL 4736738 (NDNY Oct. 19, 2017), the court dismissed plaintiff’s Title VII discrimination, hostile work environment, and retaliation claims. Plaintiff had initially asserted her claims at the New York State Division of Human Rights, which – after an investigation – found that there was no probable cause to […]

In Venezia v. Luxottica Retail North America, Inc., Sunglass Hut Trading, LLC, 2017 WL 4772437 (2d Cir. Oct. 23, 2017) (Summary Order), the Second Circuit affirmed the lower court’s summary judgment dismissal[1]Venezia v. Luxoticca Retail North America Inc., 13-cv-4467, 2015 WL 5692146 (S.D.N.Y. Sept. 28, 2015) of plaintiff’s employment discrimination claims. Plaintiff, a white male, […]

In Holcomb v. State University of New York at Fredonia, 2017 WL 4511381 (2d Cir. Oct. 10, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claims. In sum, the court held that plaintiff failed to prove that she suffered an adverse action as a result of her sexual harassment complaint. From […]

In Pouncy v. Advanced Focus LLC, 2017 WL 428094 (S.D.N.Y. Sept. 25, 2017), the court (inter alia) granted defendant’s motion for summary judgment on plaintiff’s retaliation claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the New York City Human Rights Law.[1]I wrote about the court’s dismissal of plaintiff’s […]

In Gracia v. City of NY, 16-CV-7329, 2017 WL 4286319 (S.D.N.Y. Sept. 26, 2017) (J. Caproni), the court held that a release signed by plaintiff – a female NYPD officer – to resolve a personal injury slip-and-fall case was broad enough to encompass claims for gender discrimination sexual harassment, hostile work environment, and retaliation. In […]