Retaliation

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In Milione v. City Univ. of N.Y., 2017 (App. Div. 2d Dept. Aug. 23, 2017), the court affirmed the dismissal of plaintiff’s employment discrimination claims. Plaintiff, an Italian American, initially sued in federal court, alleging that “defendants discriminated and retaliated against him based on his national origin and his advocacy for Italian Americans.” The federal court…

Read More Federal Court’s Dismissal of Plaintiff’s Employment Discrimination Operates as Collateral Estoppel as to State and City Human Rights Law Claims
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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…

Read More 2d Circuit Affirms Dismissal of Retaliation Claim, Finding That Termination Was Caused by Fight With Co-Worker, Rather Than Sexual Harassment Complaint
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In Ivankovskaya v. Metro. Transportation Auth. Bus Co., No. 15-cv-5727, 2017 WL 3328166 (E.D.N.Y. Aug. 3, 2017), the court dismissed plaintiff’s hostile work environment claim under the Americans with Disabilities Act (ADA). Plaintiff worked as a bus operator for the MTA Bus Company. After being diagnosed with a disc herniation, she requested a “reasonable accommodation”…

Read More ADA Hostile Work Environment Claim Dismissed; Yelling Insufficient
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In Ivankovskaya v. Metro. Transportation Auth. Bus Co., No. 15-cv-5727, 2017 WL 3328166 (E.D.N.Y. Aug. 3, 2017), the court dismissed plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA), on the ground that plaintiff did not plausibly allege that she suffered a “disability” within the meaning of the statute.[1]The court also granted defendant’s…

Read More Court Dismisses ADA Disability Discrimination Claim; Complaint Did Not Plausibly Allege That Plaintiff’s Medical Condition Was a “Disability” Because it Did Not “Substantially Limit” a “Major Life Activity”
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In Brooks v. City of Utica, No. 16-cv-1427, 2017 WL 3242273 (N.D.N.Y. July 28, 2017), the court ruled on claims asserted by plaintiff – a firefighter-paramedic and practicing Nazirite – of discrimination based on religion, retaliation, failure to accommodate religious beliefs, and hostile work environment. Plaintiff’s religious observance as a Nazirite required him to keep…

Read More Practicing Nazirite Sufficiently Alleges Religion-Based Hostile Work Environment Claim
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In Brooks v. City of Utica, No. 16-cv-1427, 2017 WL 3242273 (N.D.N.Y. July 28, 2017), the court ruled on claims asserted by plaintiff – a firefighter-paramedic and practicing Nazirite – of discrimination based on religion, retaliation, failure to accommodate religious beliefs, and hostile work environment. Plaintiff’s religious observance as a Nazirite required him to keep…

Read More Practicing Nazirite’s Retaliation Claim, Arising From Mistreatment After Requesting Long hair Reasonable Accommodation, Survives Dismissal
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In Brantman v. Fortistar Capital, Inc., No. 15-CV-4774 (NSR), 2017 WL 3172864 (S.D.N.Y. July 22, 2017), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s Title VII retaliation claim. Plaintiff, while reviewing and cataloging boxes of files and documents belonging to defendant’s recently-retired general counsel, “found a DVD in a plastic case…

Read More Title VII Retaliation Claim Dismissed; Report of Discovery of “Pornographic Video” Was Not “Protected Activity”
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In Falcon v. City University of New York, 15-cv-3421, 2017 WL 2982980, (E.D.N.Y. July 10, 2017), the court held that plaintiff sufficiently alleged a claim of retaliation under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has alleged sufficient facts to survive 12(b)(6) scrutiny regarding retaliation against her internal complaint…

Read More Title VII Retaliation Claim, Based on Internal/Informal Complaint, Survives Dismissal
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In Goonewardena v. N.Y. Workers Comp. Bd., No. 09-CV-8244 (RA), 2017 WL 2799171, at *13 (S.D.N.Y. June 28, 2017), the court granted defendants’ motion for summary judgment on plaintiff’s retaliation claims under Title VII, the NYSHRL, and the NYCHRL. Plaintiff established a prima facie case of retaliation.  Among other things, plaintiff demonstrated that he “was…

Read More Retaliation Claims Dismissed; Performance Issues Predated Complaints
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In Brunache v. MV Transp., Inc., 2017 NY Slip Op 05196 (App. Div. 2d Dept. June 28, 2017), the court held (inter alia) that plaintiff – a paratransit van driver who sued after not being reinstated following his dismissal following an investigation into a sexual harassment complaint against him by a passenger – did not state…

Read More Retaliation Claim Not Stated; “General Complaints” Were Not “Protected Activity” Under the NYS Human Rights Law
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