Friday, December 21, 2012

Second Circuit -- Rivera v. Rochester Genesee Regional Transportation Authority


District Court erred in granting SJ against Title VII plaintiff, given hostility of work environment, language used.

Title VII does not require that the retribution happen before the protected conduct.  (Yes.)

Retribution claim correctly dismissed, as there were bona fide reasons for the adverse employment action.

Second retribution claim incorrectly dismissed, due to proximacy of conduct and subsequent action.

District court erred in dismissing the state law claims - jurisdiction is proper.

Rivera v. Rochester Genesee Regional Transportation Authority
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.