Fulgieri, 11 OCB2d 34 (BCB 2018)
Petitioner claimed that DCAS violated NYCCBL § 12-306(a)(1) and (3) when it transferred him to another unit, resulting in a significant loss of overtime earnings, in retaliation for his complaints regarding his workplace. The City argued that Petitioner was transferred at his request and that it had legitimate business reasons to assign him to the new location because it needed to fill a vacancy and because the transfer resolved a conflict between Petitioner and his supervisor. The Board found that Petitioner established a prima facie claim of retaliation and that the City’s purported business reasons for transferring him were pretextual. Accordingly, the petition was granted.