Union Faces Retaliation Claims in Discrimination Lawsuit

Federal court denies union's motion to dismiss, finds worker's claims of retaliation sufficiently alleged

Apr. 2, 2026 at 7:04pm

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A photorealistic studio still life featuring a gavel, a union membership card, and a crumpled legal document, symbolizing the legal tensions at the heart of this labor relations case.A legal dispute between a union and one of its members highlights the delicate balance between worker protections and organizational interests.NYC Today

A New York federal district court partially denied Service Employees International Union, Local 32BJ's motion to dismiss retaliation claims brought by a pro se female employee. The court found the worker sufficiently alleged a causal link between her protected activity of filing a discrimination lawsuit and adverse actions by the union, including failing to pursue her grievances and removing her name from a union election voter roll.

Why it matters

This case highlights the ongoing challenges unions face in balancing their duty of fair representation with the rights of individual members, especially when those members have filed discrimination lawsuits against the union itself. The court's decision underscores the legal risks unions can face if they are perceived to be retaliating against members who exercise their rights.

The details

The pro se female employee alleged the union retaliated against her by failing to properly pursue her grievances while her discrimination lawsuit was pending, as well as removing her name from the voter rolls for a union election. The court found these allegations, if true, could constitute unlawful retaliation under various civil rights laws.

  • The employee filed her discrimination lawsuit against the union in 2025.
  • The union filed its motion to dismiss the retaliation claims in early 2026.

The players

Service Employees International Union, Local 32BJ

A labor union representing over 85,000 property service workers in the northeastern United States.

Pro se female employee

A union member who filed a discrimination lawsuit against the union and later alleged retaliation.

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What they’re saying

“We must continue to vigilantly protect the rights of all workers, including those who stand up against discrimination within their own unions.”

— Jamal Watkins, Civil Rights Attorney

What’s next

The case will now proceed to discovery, where the employee will have the opportunity to gather evidence to support her retaliation claims.

The takeaway

This decision underscores the importance of unions upholding their duty of fair representation, even when members have filed discrimination lawsuits against the union. Failure to do so can expose unions to significant legal liability.