New York Retaliation Case Goes to Trial
A New York Court recently held that a retaliation case could proceed to trial. The court applied the new broad standard set forth in Burlington Northern and Santa Fe Ry Co. v. White 126 S.Ct. 2405 (2006).
The plaintiff in that case, Moore v. Consolidated Edison Co. 00 Civ. 7384, complained that her boss made racially and sexually offensive comments to her from 1997 to 2000. She complained several times to her superiors - but she refused to cooperate with internal EEO investigations. Each investigation found that no violations had occurred.
After she complained, things began to change at work. Her performance evaluations became mediocre and then negative and finally a warning of termination. Finally she was fired in 2003. The company cited her difficult and combative behavior and that her conduct had damaged the morale of the department. The court found that there was "no question" that Moore made out a prima facie case of retaliation.
Judge Paul Crotty of the Southern District of New York stated that Burlington Northern "adopted a broader standard in retaliation claims than in other employment discrimination claims." Burlington Northern only requires a showing that the employer's action "well might have dissuaded a reasonable worker from making or supporting a charge of discrimination."
Judge Crotty said that Moore's firing easily meets that standard and that her performance reviews and the denial of salary increases also amount to adverse employment action under Burlington Northern. Judge Crotty found that there was direct evidence of retaliation and denied the companies motion for summary judgment.
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