Retaliation

In Vail v. The Town of Cayuta et al, 2021 WL 1788523 (WDNY May 5, 2021), the court held that plaintiff (a public employee and candidate for public office) plausibly alleged a First Amendment retaliation claim. This decision is instructive as to when speech is “on a matter of public concern”, which it must be…

Read More First Amendment Retaliation Claim Survives Motion to Dismiss; Sign-Removal Accusation Was a “Matter of Public Concern”
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In Ramos v. Metro-North Commuter Railroad et al, 2021 WL 1740644 (N.Y.A.D. 1 Dept., May 04, 2021), the court held that plaintiff presented enough evidence to defeat defendants’ motion for summary judgment on plaintiff’s claims of discriminatory termination, failure to accommodate, hostile work environment, and retaliation. As to plaintiff’s wrongful termination claim, the court held…

Read More Disability Discrimination, Hostile Work Environment, Retaliation Claims Survive Against Metro-North
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In Smyth v. City of New York, No. 157294/2017, 2021 WL 1667153 (N.Y. Sup Ct, New York County Apr. 28, 2021) – an employment discrimination case – the court granted defendants’ motion for a protective order, and precluded plaintiff from conducting a deposition of its Acting General Counsel Sanford Cohen, on the ground that such…

Read More Discrimination Plaintiff Not Entitled to Depose City Counsel
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In Donnelly v. New York City & Vicinity Dist. Council of the United Bhd. of Carpenters & Joiners of Am., 2021 NY Slip Op 31308(U), No. 152197/2019, 2021 WL 1549821 (N.Y. Sup Ct, New York County Apr. 20, 2021), the court granted plaintiff’s motion to amend their complaint to add a claim for retaliation under the New York…

Read More Retaliation Claim Sufficiently Alleged; Court Grants Motion to Amend Complaint to Add NYC Human Rights Law Claim Arising From Complaints of Sexual Harassment
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In Pakniat v. Moor, 2021 NY Slip Op 01856 (App. Div. 1st Dept. march 25, 2021), the court affirmed the dismissal of plaintiff’s sexual harassment and retaliation claims under the New York State and City Human Rights Laws, on the ground that the court lacked subject matter jurisdiction over those claims. Here, the plaintiff was…

Read More Sexual Harassment & Retaliation Claims Dismissed; Court Lacked Subject Matter Jurisdiction Over NY State and City Human Rights Law Claims Asserted by Montreal-Based Plaintiff
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In Bush v. Alliant Content, LLC, No. 151495/2020, 2021 WL 1204987 (N.Y. Sup Ct, New York County Mar. 29, 2021), the court dismissed, with prejudice, plaintiff’s claim of employment discrimination under the New York City Human Rights Law (NYCHRL). While that statute is comparatively broader than its federal and state counterparts, it will not apply…

Read More Finding Insufficient Connection to New York City, Court Strikes NYC Human Rights Law Claim From Employment Discrimination Complaint
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In Saborit v. Harlem Hospital Center Auxiliary, Inc., et al, 19-cv-4686, 2021 WL 1063241 (S.D.N.Y. March 19, 2021), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Lewis Liman) denied defendants’ motion for summary judgment on plaintiff’s disability discrimination claims asserted under the Americans with Disabilities Act,…

Read More HIV+ Plaintiff’s Disability Discrimination Claims Survive Summary Judgment Against Harlem Hospital Center
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In Rodriguez v. Newmark & Co. Real Estate, Inc., No. 158325/2019, 2021 WL 1040524 (N.Y. Sup Ct, New York County Mar. 18, 2021), the court granted defendants’ motions to dismiss plaintiff’s complaint, or in the alternative, stay this action to compel arbitration of plaintiff’s gender discrimination, sexual harassment, retaliation, and aiding-and-abetting-discrimination claims. The crux of…

Read More Union Member’s Sexual Harassment and Discrimination Claims Must Be Arbitrated, Court Holds
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In Hyacinthe v. City of New York, No. 151812/2020, 2021 WL 619320, 2021 N.Y. Slip Op. 30443(U), (N.Y. Sup Ct, New York County Feb. 17, 2021), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s retaliation claim. (The court also denied defendant’s motion to dismiss plaintiff’s disability discrimination and failure-to-accommodate-disability claims; I discussed that…

Read More Retaliation Claim Dismissed Against NYC; Officer’s Request for Reasonable Accommodation Was Not “Protected Activity”
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In Black v. ESPN, Inc. et al, No. 155236/2020, 2021 N.Y. Slip Op. 50118(U), 2021 WL 668760 (Sup Ct NY Cty, Feb. 19, 2021), the court denied defendants’ motion to dismiss plaintiff’s disability discrimination, hostile work environment, and retaliation claims asserted under the New York State and City Human Rights Laws. In sum, plaintiff, a…

Read More Disability Discrimination, Hostile Work Environment, & Retaliation Claims Sufficiently Alleged Against ESPN et al
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