Adverse Employment Action

In Gorman v. Covidien, LLC, No. 13 CIV. 6486 (KPF), 2015 WL 7308659 (S.D.N.Y. Nov. 19, 2015), the court dismissed most of plaintiff’s employment discrimination claims, but permitted his disability discrimination claim under the NYC Human Rights Law to continue. This case, like all employment cases, arises from a complex tapestry of facts that, for…

Read More “Soldiers are Babies” Comment Supports PTSD Disability Discrimination Claim Under the NYC Human Rights Law
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In Davis v. New York City Dep’t of Educ., 804 F.3d 231 (2d Cir. 2015), the Second Circuit squarely rejected the argument that “the denial or reduction of a discretionary bonus is categorically insufficient to constitute an adverse employment action.” In this case, plaintiff (a substitute teacher) took a four-month leave of absence from work…

Read More Denial of “Discretionary” Bonus Can Still Be An “Adverse Employment Action”
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In Ragoo v. New York City Taxi & Limousine Comm’n, No. 101970/08, 2015 WL 6181750 (N.Y. App. Div. Oct. 22, 2015), the court affirmed the dismissal of plaintiff’s claims for retaliation and disability discrimination (failure to accommodate) under the New York State Human Rights Law because plaintiff failed to establish that she suffered an “adverse employment…

Read More Transfer and Reassignment Were Not “Adverse Employment Actions”; Disability Discrimination and Retaliation Claims Properly Dismissed
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In Postell v. Rochester City Sch. Dist., No. 11-CV-6550L, 2015 WL 5882287 (W.D.N.Y. Oct. 8, 2015), the court denied defendants’ motion for summary judgment on plaintiff’s race discrimination claim under 42 USC 1981. Plaintiff, an African American school counselor for John Marshall High School, alleged (among other things) that the defendant subjected her to race…

Read More African American School Counselor Survives Summary Judgment on Race Discrimination and Retaliation Claims
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A recent Southern District of New York case, McLeod v. Jewish Guild for the Blind, No. 1:13-CV-6746-GHW, 2015 WL 5008732 (S.D.N.Y. Aug. 21, 2015), illustrates the importance of timely filing an EEOC charge when asserting claims under, e.g., Title VII of the Civil Rights Act of 1964 in an employment discrimination (here, sexual harassment) case.…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed as Time-Barred
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In Tolbert v. Smith et al, decided by the Second Circuit on June 24, 2015, the court vacated the district court’s judgment dismissing plaintiff’s claims of race discrimination (and affirmed it with respect to his hostile work environment and defamation claims). This case is instructive on the “prima facie case” portion of the employment discrimination analysis. Plaintiff, a…

Read More Non-Tenured, Probationary Teacher Establishes Prima Facie Case of Race Discrimination
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In Orange v. Leake & Watts Inc., No. 13-CV-6110 KBF, 2015 WL 2340649 (S.D.N.Y. May 15, 2015), the court granted defendant’s motion for summary judgment and dismissed plaintiff’s race discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964. Plaintiff, an African American assistant teacher, alleged “that she suffered an adverse employment…

Read More Court Dismisses Race Discrimination Claim; Disciplinary Notice and Negative Evaluation Were Not “Adverse Employment Actions”
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In Petyan v. New York City Law Dept., 14-cv-1434, 2015 WL 1855961 (SDNY April 23, 2015), the court recommended the dismissal of plaintiff’s national origin (Israeli) discrimination and hostile work environment claims, but held that plaintiff plausibly alleged retaliation in the form of a negative performance evaluation. The court held: The law in [the Second] Circuit…

Read More Retaliation Claim, But Not National Origin Discrimination Claim, Survives Dismissal
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“To make out a prima facie [employment] discrimination claim [under Title VII of the Civil Rights Act of 1964], a plaintiff must demonstrate … (1) [he] was within the protected class; (2) [he] was qualified for the position; (3) [he] was subject to an adverse employment action; and (4) the adverse action occurred under circumstances giving…

Read More Second Circuit Clarifies What an “Adverse Employment Action” Is For Purposes of a Discrimination Claim
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