Workplace Violence – Pospis Law, PLLC

August 27, 2017 by mjpospis

2d Circuit Affirms Dismissal of Retaliation Claim, Finding That Termination Was Caused by Fight With Co-Worker, Rather Than Sexual Harassment Complaint

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…

Alleged Threats of Death and Termination Insufficient to Allege a Cause of Action for a Hostile Work Environment Under the NYC Human Rights Law

A recent New York Supreme Court case, Spellman v. Gucci Am. Inc., 2015 NY Slip Op 31728(U) (Sup. Ct. NY Cty. Sept. 11, 2015), illustrates that “hostility” disconnected from the plaintiff’s protected class is insufficient to state a cause of action, even under the relatively broad NYC Human Rights Law. The court dismissed plaintiff’s hostile work environment claim…

Workplace Slap Was Not “Because Of” Plaintiff’s Sex; Sexual Harassment Claim Dismissed

A recent Southern District decision, James v. NYC Health and Hospitals Corporation, illustrates that the anti-discrimination laws are not a “general civility code” and underscores the critical requirement that, in order to be actionable, any alleged discrimination or harassment must be “because of” a protected characteristic (here, the plaintiff’s sex). Plaintiff, a female Special Officer in…