New York Federal Court Denies Summary Judgment of Retaliation Claim Despite Plaintiff’s Discharge for Falsifying Documents

Sass v. MTA Bus Co., 10-CV-4079, (E.D.N.Y. Oct. 1, 2012): The plaintiff, a former bus maintenance supervisor at the Metropolitan Transportation Authority Bus Company (MTA Bus), sued MTA Bus alleging retaliation in violation of state and federal law. In March 2008, the plaintiff reported an MTA Bus roster containing two Nazi symbols to his supervisor, who failed to take any action. Thereafter, the plaintiff gave a copy of the roster to his co-worker, who provided it to management, prompting an investigation by the Chief Officer of Operation Improvement and Internal Studies. During the investigation, the plaintiff stated that he had previously given the document to his supervisor, who failed to take action. The investigation also revealed that the document had been altered and that the plaintiff misrepresented certain facts. After the disciplinary hearing, MTA Bus discharged the plaintiff and gave his co-worker a 30-day suspension and final warning.