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VIEWPOINT: 2nd Circuit Clarifies U.S. Law on Employment-Retaliation Claims
In a recent decision, the U.S. Second Circuit Court of Appeals, the federal appeals court covering New York and adjacent states, sought to clarify the federal-law standard for evaluating retaliation claims under the principal anti-discrimination statutes including, Title VII, the ADEA, and the Reconstruction Era Civil Rights Act. Significantly, the court found that such retaliation […]
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In a recent decision, the U.S. Second Circuit Court of Appeals, the federal appeals court covering New York and adjacent states, sought to clarify the federal-law standard for evaluating retaliation claims under the principal anti-discrimination statutes including, Title VII, the ADEA, and the Reconstruction Era Civil Rights Act. Significantly, the court found that such retaliation claims are evaluated under a separate, more-expansive standard than substantive discrimination (including hostile work environment) claims.
In Carr v. New York City Transit Authority, the plaintiff alleged she was subject to a retaliatory hostile work environment resulting from her discrimination complaints about being passed over for two promotions. She alleged discrimination based on her race, gender, and age under Title VII, the Age Discrimination in Employment Act, and section 1981 of the Civil Rights Act of 1866. The trial court granted summary judgment to the defendants. One of the issues on appeal was the legal standard for evaluating plaintiff’s retaliation claims.
The court identified the Supreme Court’s decision in Burlington Northern & Sante Fe Railway Co. v. White, 548 U.S. 53 (2006) as the controlling precedent. There, the court had established that retaliation claims under the federal statutes are governed by common principles which include application of the McDonnell Douglas framework for analyzing such claims but were to be analyzed separately from the underlying substantive discrimination claims (e.g., the failure to promote).
The court in Carr v. New York City Transit Authority explained that this retaliation standard was distinguished from the standard for alleged discriminatory conduct in at least two significant ways. First, retaliation claims cast a broader net. While claims of discrimination focus on how the defendant’s action impact certain enumerated aspects of the plaintiff’s employment (i.e., refusal to hire, discharge, compensation, terms, conditions, or privileges of employment), the conduct challenged in retaliation claims is not so limited. Any discrimination because of the plaintiff’s protected conduct could give rise to a retaliation claim. So, for example, discriminatory conduct outside of the workplace or the employment context could arguably support a retaliation claim. This distinction is based on a nuanced reading of the separate statutory prohibitions against discrimination and retaliation.
Second, in the context of a claim of “hostile environment,” the Second Circuit held that Burlington Northern established a different standard for evaluating whether the defendant’s predicate conduct is sufficient to support a retaliation claim. In the context of a claim of retaliatory hostile environment, the court must determine whether the plaintiff suffered “a materially adverse action” by the defendant, which is defined as an adverse action that would dissuade a reasonable worker from making or supporting a charge of discrimination.
In Carr v. New York City Transit Authority, the court expressly confirmed that this standard is separate from the “severe or pervasive” standard that applies to define adverse actions in the context of discriminatory hostile environment (i.e., defendant’s conduct toward the plaintiff was sufficiently severe or pervasive as to alter the terms of plaintiff’s employment) and that the “severe or pervasive” standard does not apply to retaliation claims. In summary, the court held that to establish a prima-facie case of retaliation, a plaintiff must demonstrate that (1) she engaged in protected activity; (2) the defendant was aware of that activity; (3) she was subjected to a retaliatory action that was materially adverse; and (4) there was a causal connection between the protected activity and the materially adverse action, where a “materially adverse” action is one that would have dissuaded a reasonable worker from making or supporting a charge of discrimination.
Retaliation claims often present complicated challenges for employers in terms of both managing ongoing employment relationships and in defending litigation. Even in cases in which the underlying discrimination claim is dismissed on a pretrial or summary judgment motion, the retaliation claim may survive to trial. The Carr decision increases employers’ risks by broadening the scope of potential retaliation claims. As a result, a critical aspect of an employer’s non-discrimination policy and complaint handling procedure must be proactive steps to anticipate, monitor, and prevent situations that could give rise to retaliation claims.
Thomas G. Eron is a member (partner) of Bond, Schoeneck & King PLLC. Located in its Syracuse office, he is chair of the firm’s labor and employment law department and a member of its management committee. He exclusively represents private and public-sector management in labor relations, employment law, and immigration matters. Contact Eron at teron@bsk.com.

Dannible & McKee expands operations team
Devin R. Negrete-Harvey has joined Dannible & McKee as its digital-marketing coordinator. She will support and enhance the firm’s online-marketing programs, including website, social media, and search-marketing initiatives, according to a Dannible news release. Before joining the firm, Negrete-Harvey served as marketing & social media manager at the Marriott Syracuse Downtown. She is also the
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Devin R. Negrete-Harvey has joined Dannible & McKee as its digital-marketing coordinator. She will support and enhance the firm’s online-marketing programs, including website, social media, and search-marketing initiatives, according to a Dannible news release. Before joining the firm, Negrete-Harvey served as marketing & social media manager at the Marriott Syracuse Downtown. She is also the owner of DEV Communications, a marketing-consulting company. Negrete-Harvey has prior experience working in communications and public relations at UDig NY and as a news anchor and reporter for FOX 40 in Binghamton, and WSAV News 3 in Savannah, Georgia.
Negrete-Harvey formerly served as the board president of Central New York Sales and Marketing Executives (CNYSME) and co-chair of CNYSME’s Crystal Ball award program. She is currently serving as VP of the Safe Space Organization. Negrete-Harvey graduated from the University of Central Missouri in 2014 with a bachelor’s degree in digital-media production. She works in the firm’s Syracuse office.
Dannible & McKee also welcomed Tyler Delao as an administrative assistant. In this role, he will provide administrative support to assigned audit partners, including the managing partner, and assist the marketing department, per the release. Before joining the accounting firm, Delao was a social-media specialist at Mark Antony Homes and held past positions at Columbia University and Keller Williams Realty. He graduated from Syracuse University in 2021 with a bachelor’s degree in communications and rhetorical studies. He is also based in Dannible’s Syracuse office.
Former town court clerk in Wayne County pleads guilty to $50K theft
MARION — The former court clerk for the Town of Marion in Wayne County pleaded guilty to stealing more than $50,000 from the town court, according to a news release from state Comptroller Thomas P. DiNapoli, Wayne County District Attorney Michael Calarco, and the New York State Police. Eileen Steurrys pled guilty to second-degree grand
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MARION — The former court clerk for the Town of Marion in Wayne County pleaded guilty to stealing more than $50,000 from the town court, according to a news release from state Comptroller Thomas P. DiNapoli, Wayne County District Attorney Michael Calarco, and the New York State Police.
Eileen Steurrys pled guilty to second-degree grand larceny, second-degree corrupting the government, first-degree tampering with records, and official misconduct before Judge Richard M. Healy in Wayne County Court.
“Ms. Steurrys went to great lengths to try and cover up her theft of public funds,” DiNapoli said in the release. “She now faces the consequences of her actions because of my office’s investigation and our partnership with District Attorney Calarco and the state police.”
Her crimes were uncovered during a comptroller audit of the Town of Marion Court Fund, which found that court fees collected were not always deposited into the court’s account. That launched an investigation, which determined that from 2016- 2021, Steurrys stole more than $50,000, altered court records, and created fake receipts to cover her crimes. She was arrested in March following the investigation.
“The auditors from the state comptroller did an exceptional and thorough investigation, which made my job of obtaining a conviction that much easier,” Wayne County District Attorney’s Office Prosecutor John J. Ferlicca said.
Steurrys’ sentencing is scheduled for Oct. 18.
“Ms. Steurrys manipulated a position she was entrusted in and used it to her own advantage,” New York State Police Acting Superintendent Steven A. Nigrelli said. “We will not tolerate such corruption from those who use their position to profit at the expense of the local community.”

Olinsky Law Group promotes pair to equity partners
SYRACUSE — Olinsky Law Group announced it has promoted attorneys Matthew R. McGarry and Melissa A. Palmer to equity partners. McGarry and Palmer joined the law firm in 2017 and they both focus their practice on federal court Social Security disability appeals. During his tenure at Olinsky Law Group, McGarry has “helped win cases for
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SYRACUSE — Olinsky Law Group announced it has promoted attorneys Matthew R. McGarry and Melissa A. Palmer to equity partners.
McGarry and Palmer joined the law firm in 2017 and they both focus their practice on federal court Social Security disability appeals.
During his tenure at Olinsky Law Group, McGarry has “helped win cases for hundreds of Social Security disability claimants nationwide and is well-known for his dedication to clients,” according to a firm news release.
McGarry started his legal career with the Burton Blatt Institute at Syracuse University and has been working in the disability-law field ever since, the Olinsky Law Group said. He earned his law degree from the Syracuse University College of Law in 2017. McGarry also holds a bachelor’s degree in business administration from SUNY Potsdam in 2015. He was born in Syracuse and currently resides in Cicero.
During her time at Olinsky Law Group, Palmer has built an “impressive portfolio of case victories and is consistently praised for her work ethic,” per the law firm’s release. She has been admitted in a half-dozen circuit courts.

Palmer earned her law degree from the Syracuse University College of Law. She also holds a bachelor’s degree in history from the University at Buffalo. She is a member of the Northern District of New York Federal Court Bar Association. Palmer was born in Buffalo and now resides in Syracuse.
“We are delighted to have Matthew and Melissa become Equity Partners with the firm. Since joining Olinsky Law Group, they have shown themselves to be exceptional attorneys with tremendous leadership abilities. Their skills as leaders will help continue the growth and success of Olinsky Law Group for many years to come,” Howard Olinsky, the firm’s managing partner, said in the release.
Olinsky Law Group — with offices in Syracuse and Orlando, Florida — has helped thousands of individuals secure their disability benefits. It represents claimants at the Social Security Administration and in federal court.
OPINION: The Great New York State Fair is Back for 2023
One of the most-anticipated events of the year, the New York State Fair, opened on Aug. 23 in Syracuse and runs through Sept. 4. The annual Central New York tradition features exciting new acts and exhibits, and this year’s fair is guaranteed to be an unforgettable experience for all ages. For more than a century,
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One of the most-anticipated events of the year, the New York State Fair, opened on Aug. 23 in Syracuse and runs through Sept. 4. The annual Central New York tradition features exciting new acts and exhibits, and this year’s fair is guaranteed to be an unforgettable experience for all ages.
For more than a century, the State Fair has stood as a testament to the cultural and agricultural heritage of New York, showcasing the best the Empire State has to offer. Since its grand opening in 1841, it has become one of the area’s greatest attractions. The fair is one of the largest in the country, draws visitors from throughout the northeast, and captivates audiences with a blend of entertainment and community spirit.
Year after year, the New York State Fair offers diverse attractions designed to cater to visitors of all ages. The offerings include a wide variety of foods and beverages, as well as numerous engaging competitions for attendees to participate in. As a lifelong resident of Central New York, I’m proud that fairgoers can experience a taste of this area and experience the great products our family farms provide every year.
The festivities started with the 4-H Youth Horse Show and the Annual Dog Show on Aug. 23 at 9 a.m. Throughout a Fair day, attendees can visit demonstrations like the underwater recovery team, run by the New York State Police Exhibit, the Dinosaur Expedition, magic shows, rooster-crowing competition, and so much more. The entertainment options are endless. For those looking to plan their fair experience, a detailed calendar of events can be accessed at: https://nysfair.ny.gov/your-visit/events-calendar/?date=1692763200000
Families are in for a treat with a dedicated kid’s zone, games, and educational exhibits that are designed to engage younger generations. Exhibits include arts and crafts, a dinosaur expedition, and a historic train exhibit. The fair is committed to providing a quality and wholesome experience for all.
There is a multitude of concerts and world-class entertainers that span music, dance, comedy, and more. During the 13-day schedule, more than 50 performers will take the stage at Suburban Park and Chevy Court concerts. Some of the featured artists this year include Salt-N-Peppa, REO Speedwagon, Bell Biv Devoe, Chubby Checker, The Fray, and Foghat.
The Great New York State Fair never disappoints. And I want to recognize and thank all the staff, volunteers, and participants who really make this event what it is. The fair has grown in size, scope, and popularity year after year, and it’s the people who dedicated so much of their time and energy who have made it a success. For information about the 2023 Great New York State Fair — from ticket sales, to schedules, and exhibits — please visit the fair’s website at nysfair.ny.gov.
William (Will) A. Barclay, 54, Republican, is the New York Assembly minority leader and represents the 120th New York Assembly District, which encompasses all of Oswego County, as well as parts of Jefferson and Cayuga counties.
OPINION: Faith in democracy is vital
Americans are pessimistic about our democracy, according to a recent poll. It’s a worrisome finding. Of course, it’s easy to watch the news and conclude our government isn’t working. But we must not get to the point where we think we can’t solve our problems in a democratic fashion. That’s a danger line. The poll,
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Americans are pessimistic about our democracy, according to a recent poll. It’s a worrisome finding. Of course, it’s easy to watch the news and conclude our government isn’t working. But we must not get to the point where we think we can’t solve our problems in a democratic fashion. That’s a danger line.
The poll, by the Associated Press-NORC Center for Public Affairs Research, found that majorities of American adults don’t think our laws and policies represent what most people want. Only about one in 10 gave high ratings to democracy for working well. Disturbingly, 53 percent said Congress does a poor job of upholding democratic values while only 16 percent said it does a good job. That’s hardly a show of faith in the representatives we have elected.
Another poll, by the Marist Center, found eight in 10 Americans believe democracy is under threat, but they disagree over who is at fault — half blame Democrats and half blame Republicans. Finally, the long-running Pew election survey found trust in government at a near-record low. Only 20 percent of Americans trust the government to do the right thing all or most of the time.
The findings aren’t entirely surprising. Our politics are deeply polarized. Many Republicans don’t want anything to do with Democrats, and many Democrats feel the same about Republicans. Social media and partisan cable-TV networks have divided us into warring tribes.
And we have come through a difficult period. The COVID-19 pandemic caused more than 1 million deaths, increased social isolation, strained trust in medical authorities, and gave rise to conspiracy theories. It pummeled the economy and drove millions from the workforce. Employment bounced back, but with it came the highest inflation in 40 years. Now inflation is down, but many Americans aren’t confident they can pay their bills. They give President Joe Biden low marks for his handling of the economy.
You would think Congress would work together to address these concerns. Instead, it seems to be bogged down in partisan stalemates. Gerrymandering of congressional districts has pushed Republicans to the right and Democrats to the left. There’s little common ground.
[I believe] Donald Trump’s false claim that the 2020 election was stolen further undermined faith in democracy. His attacks on election officials, the justice system and even the military — echoed by some of his political rivals — have weakened trust in government. Indictments charging Trump with mishandling classified documents and conspiring to overturn the election have outraged his supporters. As the Jan. 6, 2021, invasion of the Capitol showed, that kind of anger can be dangerous.
But it’s important to remember that the U.S. has come through extreme challenges in the past, with our democratic principles intact. The Civil War ruptured the country and killed an estimated 750,000 people, North and South. In the 20th century, we survived two world wars, the Great Depression, and the Cold War. And our democracy has grown stronger. At the nation’s founding, only white men who owned property could vote. Black Americans endured slavery, followed by widespread segregation and disenfranchisement. Women didn’t gain the right to vote until the 20th Amendment was ratified in 1920.
Martin Luther King, Jr. famously said that the arc of the moral universe is long, but it bends toward justice. The same could be said for American democracy.
Americans are, fundamentally, a practical and optimistic people. We believe in progress, and we believe in our capacity to overcome challenges. Republican or Democrat, we want the same things. We want to live in a world that’s secure and prosperous. We want opportunity for ourselves and our children.
We need to maintain an underlying optimism about our ability to work together to solve problems. Democracy has served us well for nearly 250 years. It’s up to us to ensure it continues to thrive.
Lee Hamilton, 92, is a senior advisor for the Indiana University (IU) Center on Representative Government, distinguished scholar at the IU Hamilton Lugar School of Global and International Studies, and professor of practice at the IU O’Neill School of Public and Environmental Affairs. Hamilton, a Democrat, was a member of the U.S. House of Representatives for 34 years (1965-1999), representing a district in south-central Indiana.

McKENZIE SPOOR has joined FustCharles as an audit associate. She received her bachelor’s degree in accounting and MBA from SUNY Oswego. Spoor previously interned with the firm. She is currently working to complete the examination requirements to earn her certified public accountant (or CPA) license. AUTUMN EVANCHAK has also come aboard FustCharles as an audit
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McKENZIE SPOOR has joined FustCharles as an audit associate. She received her bachelor’s degree in accounting and MBA from SUNY Oswego. Spoor previously interned with the firm. She is currently working to complete the examination requirements to earn her certified public accountant (or CPA) license.
AUTUMN EVANCHAK has also come aboard FustCharles as an audit associate. She received her bachelor’s in accounting from Le Moyne College. Spoor and Evanchak will help service the accounting firm’s manufacturing, health care, not-for-profit, and other professional service and family-owned business clients.

STEVE LUCZKA has joined Zoey Advertising’s marketing services team as marketing coordinator. Luczka, a 20-plus year veteran of the agency world, will contribute to conceptualizing, creating, and managing strategic integrated-marketing campaigns and initiatives for Zoey’s clients. Zoey Advertising, a Syracuse–based full-service marketing agency, says it seeks to further accelerate the impact of its brand-first marketing
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STEVE LUCZKA has joined Zoey Advertising’s marketing services team as marketing coordinator. Luczka, a 20-plus year veteran of the agency world, will contribute to conceptualizing, creating, and managing strategic integrated-marketing campaigns and initiatives for Zoey’s clients. Zoey Advertising, a Syracuse–based full-service marketing agency, says it seeks to further accelerate the impact of its brand-first marketing approach with his hiring. Luczka earned his bachelor’s degree from Savannah College of Art and Design in Georgia.

ACCESS Federal Credit Union, of Clinton, has promoted LINDSEY CARRO to branch supervisor of the credit union’s Oneida branch. She joined ACCESS in 2021 as a teller in the Clinton office, later transferring to the Rome office and rising to the positions of head teller and member-service representative. In 2022, Carro returned to the Clinton
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ACCESS Federal Credit Union, of Clinton, has promoted LINDSEY CARRO to branch supervisor of the credit union’s Oneida branch. She joined ACCESS in 2021 as a teller in the Clinton office, later transferring to the Rome office and rising to the positions of head teller and member-service representative. In 2022, Carro returned to the Clinton branch in her member-service representative role, before being promoted to branch-service coordinator. In her new position, she will be responsible for sales development and supporting all frontline operations for the Oneida office of ACCESS.
MIKE DOOLITTLE started as the new managing partner of the Syracuse network office of Northwestern Mutual on July 1, succeeding longtime leader Paul Dodd. Doolittle, a Syracuse native with deep family roots in the area, has been part of the Northwestern Mutual family for 14 years, all in various leadership roles in the Syracuse network
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MIKE DOOLITTLE started as the new managing partner of the Syracuse network office of Northwestern Mutual on July 1, succeeding longtime leader Paul Dodd. Doolittle, a Syracuse native with deep family roots in the area, has been part of the Northwestern Mutual family for 14 years, all in various leadership roles in the Syracuse network office and as a key member of Dodd’s executive leadership team. The Syracuse network office encompasses districts within upstate New York and portions of Pennsylvania, including Syracuse, Buffalo, Rochester, Utica, Oswego/Watertown, Ithaca, Binghamton, and Erie. It has 100 financial advisors and thousands of clients across upstate New York.
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