KATRINA MURPHY and JOHN MURPHY, Plaintiffs, v. CADILLAC RUBBER & PLASTICS, INC., CADILLAC, MICHIGAN; CADILLAC RUBBER & PLASTICS, INC., LOCKPORT, NEW YORK; CADILLAC RUBBER & PLASTICS INJECTED RUBBER PRODUCTS DIVISION, ALBION, NEW YORK; RICHARD GIFFORD, Individually and as Plant Manager; RALPH JOHNSON, Individually and as Third Shift Supervisor; KAREN WARD, Individually and as Quality Supervisor, Defendants., 946 F. Supp. 1108

Summary

After plaintiff wife's request for more sick leave was denied, plaintiff wife returned to work and was fired for complaining about harassment. Consequently, plaintiff husband, who was a co-employee, was retaliated against. Thereafter, plaintiffs brought an action, claiming defamation and violations of Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C.S. § 2000e-2 et seq, the New York Human Rights Law (HRL), N.Y. Exec. Law § 290 et seq., the Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C.S. § 2601 et seq., and N.Y. Civ. Rights Law § 40-c(2) (1992). In response, defendant moved to dismiss. In denying the motion, the court held plaintiff husband stated a Title VII and the HRL claim despite the fact that the retaliation was based on plaintiff wife's complaints. Also, the court held plaintiff wife's medically verified illness gave rise to a claim under the FMLA. In granting the motion, the court held a § 40-c(2) claim was not stated because alleged discrimination was ...