Adverse Employment Action

In Green v. Mount Sinai Health System, Inc. et al, 2020 WL 6165969 (2d Cir. Oct. 22, 2020) (Summary Order), the court affirmed the dismissal of plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. Specifically, the court held that (1) plaintiff did not engage in “protected activity”, (2) plaintiff…

Read More Retaliation Claim Dismissed; “Generalized Complaints” Did Not Constitute “Protected Activity”
Share This:

In Torre et al v. Charter Communications, Inc. d/b/a Spectrum, 2020 WL 5982684 (S.D.N.Y. October 8, 2020), the court, inter alia, held that plaintiff sufficiently alleged sex and age discrimination claims asserted under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the New York State and City Human Rights…

Read More Reporters Sufficiently Allege Sex and Age Discrimination (Specifically the Existence of “Adverse Employment Actions”) Against Spectrum
Share This:

In Benedetto v. New York State Office of Children and Family Services, 2020 WL 4049945 (N.D.N.Y. July 20, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s disparate treatment gender discrimination claim, on the ground that plaintiff did not suffer an “adverse employment action.” (The court also denied defendant’s motion to dismiss plaintiff’s…

Read More Discrimination Claim Dismissed; “Less Desirable Shifts” Did Not Constitute an “Adverse Employment Action”
Share This:

In Zoll v. Northwell Health, Inc., 19-2716, 2020 WL 3493498 (2d Cir. June 29, 2020), the Second Circuit affirmed the district court’s dismissal, on summary judgment, of plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. Plaintiff, who is white, asserted that she suffered two adverse actions on the…

Read More 2d Circuit Affirms Dismissal of White Plaintiff’s Title VII Race Discrimination Claim
Share This:

In Erno v. New York State Office of Information Technology Services, 2020 WL 2736563 (N.D.N.Y. May 26, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s gender discrimination claim, based on her alleged denial of a desired assignment. The court explained the contours of an “adverse employment action” in this context: An adverse employment…

Read More Gender Discrimination Claim, Based on Denial of Assignment, Dismissed
Share This:

In Golston-Green v. City of New York, et al., No. 2016-02462, 28117/09, 2020 N.Y. Slip Op. 02768, 2020 WL 2462411 (N.Y.A.D. 2 Dept., May 13, 2020), the court, inter alia, dismissed plaintiff’s claim of discrimination under the New York City Human Rights Law. This decision is instructive as to the differences between the New York State Human…

Read More Court Clarifies Standard for “Adverse Employment Action” Under the NYC Human Rights Law
Share This:

In the employment discrimination context, one issue that typically arises is whether an employee has sustained an actionable “adverse employment action.” Not every action that might be perceived as negative or otherwise disadvantageous qualifies. A recent example of a court addressing this issue is Dedjoe v. Dr. Mark T. Esper, in his official capacity as…

Read More Retaliation Dismissal Affirmed; Being Told to “Cool Off” Not an “Adverse Employment Action”
Share This:

In Kunik v. New York City Department of Education et al, 15-CV-9512, 2020 WL 508897 (S.D.N.Y. January 31, 2020), the court, inter alia, dismissed plaintiff’s employment discrimination claims. The court explained that plaintiff’s claim faltered because she did not present sufficient evidence to establish an “adverse employment action,” which is the third step of the…

Read More Lack of “Adverse Employment Action” Dooms Teacher’s Discrimination Claim
Share This:

In Valerio v. City of New York, 18-cv-11130, 2020 WL 353749 (S.D.N.Y. Jan. 21, 2020), the court, inter alia, held that plaintiff sufficiently alleged claims of employment discrimination – based on his national origin, race, and color – in violation of Title VII of the Civil Rights Act of 1964 and the New York State…

Read More NYPD Corrections Officer’s Title VII Disparate Treatment Claim Survives Dismissal; “Adverse Employment Action” Sufficiently Alleged
Share This:

In Jean-Pierre v. Citizen Watch Company of America, Inc., 18-CV-0507, 2019 WL 5887479 (S.D.N.Y., 2019), the court – invoking the principle that Title VII of the Civil Rights Act of 1964 is not a “general civility code for the American workplace” – dismissed plaintiff’s discrimination claims. It summarized the law in this regard: In determining…

Read More Discrimination Claims Dismissed; While “Inappropriate”, Comments Were Non-Actionable
Share This:
(212) 227-2100