Retaliation

In Collymore v. City of New York et al, 18-2099 (2d Cir. April 11, 2019) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the dismissal of plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. Plaintiff alleged, inter alia, that she was the victim of…

Read More Title VII Retaliation Claim Survives Dismissal; Adverse Action Affected Plaintiff’s Health

In D’Andrea v. Kirstjen M. Nielsen, Secretary, Department of Homeland Security, 2019 WL 1503923 (2d Cir. April 5, 2019) (Summary Order), the Second Circuit – after affirming the dismissal of plaintiff’s retaliation claim – turned to plaintiff’s hostile work environment claim. The court understood plaintiff “to argue that DHS created a hostile work environment in…

Read More 2d Circuit Remands Hostile Work Environment Question to District Court

In Ravina v. Columbia University and Geert Bekaert, 16-cv-2137, 2019 WL 1450449 (S.D.N.Y. March 31, 2019), a sexual harassment/retaliation case, the court – in addition to denying defendant’s motion for judgment as a matter of law on plaintiff’s retaliation claim – next evaluated the jury’s damage awards to plaintiff ($750,000 in emotional distress damages, $500,000…

Read More Court Remits Punitive Damages Award, from $500,000 to $250,000, in Sexual Harassment/Retaliation Case Against Columbia University

In Ravina v. Columbia University and Geert Bekaert, 16-cv-2137, 2019 WL 1450449 (S.D.N.Y. March 31, 2019), a sexual harassment/retaliation case, the court – in addition to denying defendant’s motion for judgment as a matter of law on plaintiff’s retaliation claim – next evaluated the jury’s damage awards to plaintiff ($750,000 in emotional distress damages, $500,000…

Read More Court Remits $750,000 Award for Emotional Distress Damages in Retaliation/Sexual Harassment Case Against Columbia University

In Burgos v. City of New York, 2019 WL 1299461, at *10–11 (S.D.N.Y., 2019), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim – though it did dismiss his claims of discrimination based on his race (Hispanic) and religion (Islam). The court held that plaintiff sufficiently alleged the existence of one or…

Read More Sanitation Worker’s Title VII Retaliation Claim Survives Dismissal Against the City of New York

In Matter of Romero v. DHL Holdings (USA) Inc., 2019 NY Slip Op 00936 (App. Div. 1st Dept. Feb. 7, 2019), the court affirmed the decision of the Workers’ Compensation Board’s determination that the claimant was discharged for cause, and not in violation of the Workers’ Compensation Law. The court summarized the law: Workers’ Compensation Law…

Read More Workers’ Compensation Retaliatory Discharge Claim Dismissal Affirmed

In Cubelo v. City of New York, 2019 NY Slip Op 00689 (App. Div. 1st Dept. Jan. 31, 2019), the court affirmed the dismissal of plaintiff’s discrimination and retaliation claims. Plaintiff – who was born in Spain – alleged that he was “passed over for several promotions in his employment as a civil engineer with…

Read More Court Affirms Dismissal of Engineer’s Discrimination and Retaliation Claims

From Deutsch v. City of New York Dept. of Envtl. Protection, 2019 NY Slip Op 30063(U), Index 161139/2017 (NY Sup. Ct. NY Cty. Jan. 7, 2019): Furthermore, none of the complaint allegations suggest that plaintiff complained about something that his employer was doing that would fall into the category of creating and presenting a danger to the public health…

Read More Whistleblower (Labor Law 740) Claim Dismissed Against NYC DEP

From Plotzker v. Kips Bay Anesthesia, P.C., 745 Fed.Appx. 436, 437–38 (C.A.2 (N.Y.), 2018) (Summary Order): After reviewing the record de novo, we agree with the District Court that there is no genuine dispute of material fact with respect to at least one element of Plotzker’s retaliation claim, namely, that his employer was aware of his…

Read More Dismissal of Retaliation Claim Affirmed; Employer Unaware of Protected Activity