The US. Court of Appeals for the Second Circuit has reinstated the retaliation portion of a civil rights lawsuit filed by a former graduate student at Eastman School of Music against the chairman of the school’s piano department. In May ...

Tagged with: retaliation Second Circuit sexual harassment

In Yang v. Navigators Group, a summary order decided on Dec. 22 (2016 U.S. App. LEXIS 23259), the Second Circuit Court of Appeals revived a retaliation claim and explained how the district court erred in granting summary judgment. The plaintiff ...

Tagged with: 2nd Circuit U.S. Court of Appeals Lindy Korn retaliation summary judgment U.S. District Court Workplace Issues

U.S. Court of Appeals for the Second Circuit Retaliation Qualified Immunity — Pretext Royal Crown Day Care LLC v. Department of Health and Mental Hygiene 12-459-cv Judges Pooler, Lynch and Droney Background: The plaintiffs commenced an action alleging that the ...

Tagged with: retaliation u.s. court of appeals for the second circuit

Appellate Division, Fourth Department Retaliation Causal Relationship — Pretext Calhoun v. County of Herkimer, et al. CA 13-00348 Appealed from Supreme Court, Herkimer County Background: The plaintiff commenced a retaliation claim after her supervisor’s wife, a special education teacher, was ...

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U.S. Court of Appeals for the Second Circuit Retaliation Knowledge Prong — General Corporate Knowledge Kwan v. The Andalex Group LLC 12-2493-cv Judges B.D. Parker, Lohier and Koeltl Background: The plaintiff appealed from a judgment dismissing her complaint alleging discrimination, ...

Tagged with: retaliation u.s. court of appeals for the second circuit

New York State Court of Appeals Retaliation Discrimination — Sufficiency of Evidence Sandiford v. City of New York Dept. of Educ. No. 157 Memorandum Background: The plaintiff commenced an action alleging discrimination and retaliation after she was terminated from her employment ...

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WASHINGTON — A sharply divided U.S. Supreme Court on Monday decided to make it harder for Americans to sue businesses for retaliation and discrimination, leading a justice to call for Congress to overturn the court’s actions. The court’s conservatives, in ...

Tagged with: discrimination retaliation U.S.Supreme Court

U.S. District Court, WDNY Retaliation Medical Diagnosis Ocasio v. Konesky 10-cv-6201L Judge Larimer Background: The pro se plaintiff commenced an action against the New York State Department of Correctional Services alleging that his rights were violated after being removed from ...

Tagged with: retaliation U.S. District Court WDNY

U.S. Court of Appeals for the Second Circuit Retaliation Trivial Harms — Punitive Damages Tepperwien v. Entergy Nuclear Operations 10-1425-cv Judges Katzmann, Chin and Gleeson Background: The plaintiff, a security officer employed by the defendant, alleged that he was sexually ...

Tagged with: Punitive Damages retaliation u.s. court of appeals for the second circuit

A Title VII retaliation plaintiff could not show that he suffered adverse employment actions after complaining about same-sex harassment by a supervisor, the U.S. Court of Appeals for the Second Circuit ruled in affirming a judgment vacating a jury’s award ...

Tagged with: Employment harassment plaintiff retaliation Title VII

U.S. District Court, WDNY Retaliation Termination — Non-Discriminatory Reason Gilderhus v. Concentrix Corp. 08-cv-6368 CJS Judge Siragusa Background: The defendant had hired the plaintiff as director of its call center operations. The plaintiff was promised a bonus plan in addition ...

Tagged with: retaliation termination U.S. District Court WDNY

U.S. District Court, WDNY Prisoner Misbehavior Reports Retaliation Rivera v. Lempke, et al. 10-cv-6517L Judge Larimer Background: The plaintiff, a former inmate of Five Points Correctional Facility, brought an action against the Department of Correctional Services alleging violations of his ...

Tagged with: retaliation U.S. District Court WDNY