FMLA (Family and Medical Leave Act)

by

In Macchio v. Michaels Elec. Supply Corp., 2017 NY Slip Op 02636 (App. Div. 2d Dept. April 5, 2017), the court held that plaintiff presented sufficient evidence of pretext to survive summary judgment on his discrimination, retaliation, and FMLA claims, but that his hostile work environment claim was properly dismissed. In this case, plaintiff alleged,…

Read More Employment Discrimination (Ancestry, Association, Religion), Retaliation, and FMLA Claims Survive Summary Judgment; Hostile Work Environment Claim Properly Dismissed
Share This:
by

In Yeger v. Inst. of Culinary Educ., Inc., No. 14CV8202-LTS, 2017 WL 377936 (S.D.N.Y. Jan. 25, 2017), the court granted defendants’ motion for summary judgment as to various discrimination claims (including based on plaintiff’s gender, age, and religion), but denied it in part with respect to her FMLA retaliation claim. Here I’ll focus on the court’s…

Read More FMLA Retaliation Claim Survives Summary Judgment (In Part)
Share This:
by

In Offor v. Mercy Medical Center, No. 16-839, 2017 WL 253616 (2d Cir. Jan. 20, 2017) (Summary Order), the court vacated the Federal Rule of Civil Procedure 12(b)(6) dismissal of plaintiff’s Family and Medical Leave Act (FMLA) retaliation claim, but affirmed the dismissal of her Title VII race and national origin discrimination claim. From the Order:…

Read More 2d Circuit Vacates Dismissal of FMLA Retaliation Claim, But Affirms Dismissal of Race/National Origin Discrimination Claim
Share This:
by

In Jackson v. Abrams, Fensterman, Fensterman, Flowers, Greenberg & Eisman, LLP, 2016 NY Slip Op 26300 (NYC Civil Ct. Kings Cty. Sept. 23, 2016), the court dismissed, on reconsideration, plaintiff’s claim that defendant was liable under the Family & Medical Leave Act (FMLA). Plaintiff, who worked as the personal chauffeur for Howard Fensterman, alleged that the…

Read More Law Firm Managing Partner’s Driver Held Exempt From FMLA Coverage
Share This:
by

In Tiffany v. Dzwonczyk, 2016 WL 3661410 (N.D.N.Y. July 5, 2016), the court dismissed plaintiff’s claim asserting retaliation in violation of the Family and Medical Leave Act (FMLA). The court summarized the law: The Second Circuit recognizes two claims under the FMLA: (i) interference with FMLA rights; and (ii) retaliation for exercising FMLA rights. … To…

Read More FMLA Retaliation Claim Dismissed; Yearlong Work Absence Was Not FMLA-Protected, Evidence of Causation Lacking
Share This:
by

In Graziadio v. Culinary Institute of America et al, 15-888-cv (2nd Cir. March 17, 2016), the Second Circuit vacated a district court’s Order granting defendants summary judgment and dismissing plaintiff’s claims under the Family and Medical Leave Act (FMLA). Here are the facts, as summarized by the court: Plaintiff Cathleen Graziadio, an employee at the…

Read More FMLA Retaliation and Interference Claims Survive Summary Judgment; Case Continues Against HR Director as FMLA “Employer”; ADA “Associational Discrimination” Claim Properly Dismissed
Share This:
by

In a recent complaint filed in the Southern District of New York, Moore v. Despont Studios LLC et al, 15-cv-00619, plaintiff – an architect and former employee of Despont Studios LLC d/b/a The Office of Thierry W. Despont, Ltd. – asserts claims of gender discrimination, pregnancy discrimination, and retaliation. From her complaint: In stark contrast to its progressive…

Read More Lawsuit: Pregnancy/Gender Discrimination, FMLA Retaliation Allegations Against Despont Studios LLC d/b/a The Office of Thierry W. Despont, Ltd.
Share This:
by

In a recent lawsuit captioned Schultz v. Congregation Shearith Israel of the City of New York et al (SDNY, 15-cv-07473, filed 9/22/15), plaintiff alleges that her employer, described in the complaint as “the oldest Jewish congregation in the United States”, fired plaintiff “immediately after learning that when her Orthodox marriage ceremony was performed, she was also…

Read More Lawsuit Alleges Unlawful Termination by Jewish Congregation for Having Pre-Marital Sex
Share This:
by

In Mathew v. North Shore-Long Island Jewish Health System, a Summary Order dated 11/13/14, the Second Circuit explained that, in a case alleging retaliation under the Family and Medical Leave Act (FMLA), courts “are decidedly not interested in the truth of the allegations against plaintiff when evaluating pretext”, and are rather “interested in what motivated the employer.”…

Read More Second Circuit Reiterates That Employer’s Motivation, Rather Than Truth of Allegations Against Employee, Are Key in Evaluating FMLA Retaliation Claims
Share This: