Retaliation

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In Smith v. Town of Hempstead Dept. of Sanitation Sanitary District No. 2, decided November 16, 2013, the Eastern District of New York discussed the application of the Supreme Court’s recent Nassar decision in the context of a summary judgment motion.   Nassar modified the standard for proving retaliation under Title VII of the Civil Rights Act of…

Read More Plaintiff Presented Sufficient Evidence of Retaliation to Survive Summary Judgment Under New “But For” Causation Standard
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In Stoler v. Institute for Integrative Nutrition, the Southern District of New York held that plaintiffs adequately pled claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Family and Medical Leave Act (FMLA), and the New York City Human Rights Law (NYCHRL).  Defendants moved to dismiss plaintiffs’ claims under FRCP…

Read More Pointing to “Maternity Projection Chart”, Court Finds That Plaintiffs Sufficiently Alleged FMLA and Retaliation Claims Based on Unfair Treatment Due to Pregnancy and Maternity Leave Requests
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Here is the complaint recently filed in New York state court by plaintiffs Jeanette Grullon, Jenny Mejia, and Sandra Pozo against Catholic Charities Neighborhood Services, Inc. Plaintiff allege that they were “sexually harassed by their African-American male supervisor at Catholic Charities, where they were employed. When they complained about the sexual harassment, they were intimidated and accused…

Read More Sexual Harassment Lawsuit Against Catholic Charities Neighborhood Services
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In Benyard v. White Plains Hosp. Medical Center, the Southern District of New York granted summary judgment to defendants on plaintiff’s age discrimination claims. This case illustrates (among other things) that it is not enough for an age discrimination plaintiff to point to her years of service and replacement by a younger worker. This is…

Read More Age Discrimination Plaintiff Was Unable to Show Pretext, and General Complaints Did Not Support Retaliation Claim
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Here is the age discrimination and retaliation lawsuit filed in New York state court by Bernice Lowe, Angela Fletcher and Rosemary Mangum against retailer Loehmann’s and others. In the suit, captioned Lowe v. Loehmann’s Holdings Inc. et al (NY Sup. Ct. Index No. 160564/2013), plaintiffs allege discrimination and retaliation under the New York City Human Rights…

Read More Age Discrimination Lawsuit Against Loehmann’s
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Below and here is the complaint recently filed in the U.S. District Court for the Western District of New York by sewer maintenance worker Lisa Sprada against her employer, the Town of Cheektowaga. (News coverage here and here.) The case is captioned Sprada v. Town of Cheektowaga, WDNY 13-00985. Plaintiff alleges that upon transferring into her…

Read More Female Sewer Maintenance Worker’s Sexual Harassment Lawsuit
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Oral argument is scheduled in the Supreme Court today in the case of Lawson and Zang v. FMR, LLC (information here).  The decision below is Lawson v. FMR, LLC, 670 F.3d 1 (1st Cir. 2012). The case concerns the scope of protection provided by the “whistleblower” section (Section 806) of the federal Sarbanes-Oxley Act, 18 U.S.C.…

Read More SCOTUS Hears Oral Argument on Whether the Sarbanes-Oxley Act Protects Employees of Privately-Held Contractors or Subcontractors of Public Companies
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Here is the race and national origin discrimination lawsuit filed on November 6, 2013 by Moselle Blanco against Alexander McQueen Trading Ltd., Max Cantey, and Monique Hagan. Plaintiff alleges, for example, that her co-worker Max Cantey subjected her to racially derogatory remarks (such as calling her “taco smoke” and “burrito face” and saying that she “had…

Read More Race and National Origin Discrimination Lawsuit Against Alexander McQueen Trading Ltd.
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A recent Second Circuit decision, Albert-Roberts v. GGG Construction (Summary Order), illustrates that the workplace utterance of even the most arguably vile racial slur (“nigger”) is not necessarily sufficient to support a hostile work environment claim. Plaintiff, who was employed by GGG as a part-time, nighttime office cleaner, alleged that she was subjected to a hostile…

Read More Co-Worker’s Use of Racial Slur Did Not Support Hostile Work Environment Claim; Timing of Outsourcing Decision Resulted in Dismissal of Retaliation Claim
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In Grant v. County of Erie (Summary Order), the Second Circuit vacated the dismissal, under Federal Rule of Civil Procedure 12(b)(6), of plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). Ordinarily, when reviewing the facial sufficiency of a federal court complaint to determine whether it states a claim, a trial court must accept…

Read More Plaintiff Sufficiently Alleged Disability Discrimination; Allegations Regarding Qualification to Perform Job Were Not Contradictory
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