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 sexual harassment complaint against Edwards, the co-worker with whom she later would have the physical altercation. But GSH investigated and responded to Caruso’s complaint, and Caruso admits that thereafter Edwards’s sexual advances ceased. In addition, Caruso offered no evidence that her termination was caused by her months-old complaint, rather than by the physical altercation that violated GSH’s standards of conduct and immediately preceded her termination. In short, Caruso presented no evidence that [her termination] reflected anything other than [her employer’s] enforcement of its preexisting disciplinary policies in a reasonable manner.