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Retaliation

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 […]

In Osby v. City of New York, 13-cv-8826, 2017 WL 4236563 (S.D.N.Y. Sept. 22, 2017), the court granted defendant’s motion under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, and dismissed plaintiff’s disability discrimination and retaliation claims under the Americans with Disabilities Act (ADA). To make out an ADA discrimination claim, plaintiff […]

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 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 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 dismissed plaintiff’s hostile work environment claim under the Americans with Disabilities Act (ADA). Plaintiff worked as a bus operator for the MTA Bus Company. After being diagnosed with a disc herniation, she requested a “reasonable accommodation” […]

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 […]