Kelly v. Howard I. Shapiro & Assocs. Consulting Eng'rs., P.C., No. 12-3489 (2d Cir. 2013)
Annotate this CasePlaintiff filed suit under Title VII and the New York State Human Rights Law (NYSHRL), N.Y. Exec. Law 290 et seq., alleging that an affair that one of her brothers had with another worker in their family business created a hostile work environment and that both of her brothers retaliated against her for complaining about the affair. On appeal, plaintiff challenged the dismissal of her retaliation claim. The court examined all of plaintiff's arguments on appeal and found them to be without merit. Because there was no indication that plaintiff believed that her sex had anything to with her treatment or that defendants could have understood her statements as such, she failed to establish a prima facie case for retaliation under Title VII and the NYSHRL. Accordingly, the court affirmed the district court's judgment.
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