Practice point: It is unlawful to retaliate
against an employee for having opposed statutorily forbidden
discriminatory practices. Here, the defendants demonstrated that the claimant could not make out a prima
facie case of retaliation by showing that the employee's complaints to
her supervisors did not relate to statutorily forbidden discriminatory
practices, and that she, therefore, had not engaged in protected
activity. The cause of action alleging harassment was dismissed inasmuch as New York does
not recognize a common-law cause of action to recover damages for
harassment.
Student note: To make a prima facie showing of retaliation under Executive Law §
296, a claimant is required to show that (1) the claimant was engaged
in protected activity, (2) the claimant's employer was aware that he or
she participated in such activity, (3) the claimant suffered an adverse
employment action based upon his or her activity, and (4) there was a
causal connection between the protected activity and the adverse action. Once this initial showing is made, the burden then shifts to the
defendant to present legitimate, independent, and nondiscriminatory
reasons to support its actions. Assuming the defendant meets this
burden, the claimant would then have the obligation to show that the
reasons put forth were merely a pretext.
Case: Adeniran v. State of New York, NY Slip Op 03441 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Slips and falls.
