Home » Blog » Retaliation

Retaliation

In Mehulic v. New York Downtown Hosp., 2017 NY Slip Op 06416 (App. Div. 1st Dept. Sept. 12, 2017), the court reversed the trial court’s Order granting defendant summary judgment on plaintiff’s retaliation claim under Labor Law § 741 on the ground of collateral estoppel. From the decision: However, the motion court erred in finding that plaintiff’s […]

In VIOLENE PERCY, Plaintiff, v. THE STATE OF NEW YORK (HUDSON VALLEY DDSO), LOCAL 412 OF THE CSEA, INC., LOCAL 1000, AFSCME AFL-CIO, and BASIL TOWNSEND, Defendants., 2017 WL 3973987, at *7 (S.D.N.Y., 2017), the court explained: Courts are split on the question of whether rejecting unwanted sexual advances constitutes protected activity. See Little, 210 […]

In Carrington v. Mota & City of New York, 2017 WL 3835883 (S.D.N.Y. Aug. 31, 2017), the court recommended the dismissal of plaintiff’s race discrimination, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964 (but gave her an opportunity to amend her complaint). As to plaintiff’s race discrimination […]

In Milione v. City Univ. of N.Y., 2017 (App. Div. 2d Dept. Aug. 23, 2017), the court affirmed the dismissal of plaintiff’s employment discrimination claims. Plaintiff, an Italian American, initially sued in federal court, alleging that “defendants discriminated and retaliated against him based on his national origin and his advocacy for Italian Americans.” The federal court […]

In Welch v. Bill Cram, Inc. et al, 2017 WL 3676040 (W.D.N.Y. Aug. 25, 2017), the court denied defendants’ motion for summary judgment on plaintiff’s claims of quid pro quo sexual harassment, hostile work environment sexual harassment, and retaliation (but granted it with respect to his gender discrimination/disparate treatment claim. With respect to plaintiff’s quid […]

In Caruso v. Bon Secours Charity Health System, Inc., 16-3107-cv, 2017 WL 3638203 (2d Cir. Aug. 24, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s discrimination and retaliation claims. As to plaintiff’s retaliation claim, the court explained: It is true that, roughly five months prior to her termination, Caruso had filed a […]

In Ivankovskaya v. Metro. Transportation Auth. Bus Co., No. 15-cv-5727, 2017 WL 3328166 (E.D.N.Y. Aug. 3, 2017), the court held that plaintiff sufficiently alleged a retaliation claim under the Americans with Disabilities Act (ADA).[1]I addressed this decision’s resolution of plaintiff’s hostile work environment and disability discrimination claims, respectively, here and here. Plaintiff worked as a […]

In Ivankovskaya v. Metro. Transportation Auth. Bus Co., No. 15-cv-5727, 2017 WL 3328166 (E.D.N.Y. Aug. 3, 2017), the court dismissed plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA), on the ground that plaintiff did not plausibly allege that she suffered a “disability” within the meaning of the statute.[1]The court also granted defendant’s […]

In Brooks v. City of Utica, No. 16-cv-1427, 2017 WL 3242273 (N.D.N.Y. July 28, 2017), the court ruled on claims asserted by plaintiff – a firefighter-paramedic and practicing Nazirite – of discrimination based on religion, retaliation, failure to accommodate religious beliefs, and hostile work environment. Plaintiff’s religious observance as a Nazirite required him to keep […]

In Brooks v. City of Utica, No. 16-cv-1427, 2017 WL 3242273 (N.D.N.Y. July 28, 2017), the court ruled on claims asserted by plaintiff – a firefighter-paramedic and practicing Nazirite – of discrimination based on religion, retaliation, failure to accommodate religious beliefs, and hostile work environment. Plaintiff’s religious observance as a Nazirite required him to keep […]