Practice point: A retaliatory firing claim will be dismissed if plaintiff does not rebut defendants' showing of a legitimate, nondiscriminatory reason for the termination.
Students should note that a hostile work environment claim will be dismissed if plaintiff does not establish that the firm did not take remedial action, or, if there was such action, does not raise factual issues regarding its efficacy.
Case: Clark v. Morelli Ratner PC, NY Slip Op 04264 (1st Dept. 2010)
Here is the opinion.
Tomorrow's issue: Torts.
