Retaliation

In Thomas v. The City of New York, No. 150877/2021, 2022 WL 4552068 (N.Y. Sup Ct, New York County Sep. 29, 2022), the court dismissed plaintiff’s retaliation claim asserted under the New York City Human Rights Law. Generally, in order to make out a retaliation claim, a plaintiff must sufficiently allege three elements: (1) “protected…

Read More Retaliation Claim Insufficiently Alleged; Element of Causation Lacking
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In Villalobos v. Basis Educational Group LLC, No. CV-20-00850-PHX-DJH, 2022 WL 3647832 (D.Ariz. Aug. 24, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of retaliation asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. From the decision: Title VII and § 1981…

Read More This is Nuts: Retaliation Claim, Based in Part of “Harassment” Due to Employee’s Nut Allergy, Survives Summary Judgment
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In Cherkasky v. Boyertown Area School District, No. 5:21-cv-5204, 2022 WL 1965899 (E.D.Pa. June 6, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim – even though it dismissed her underlying sex-based discrimination claims. This case is an apt example of how a claim of unlawful “retaliation” may survive under Title…

Read More Retaliation Claims Sufficiently Alleged By Teacher, Despite Dismissal of Underlying Sex-Based Discrimination Claims
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In Alkins v. Sheriff of Gwinnett County, No. 21-13746, 2022 WL 3582128 (11th Cir. Aug. 22, 2022), the U.S. Court of Appeals for the Eleventh Circuit reversed a lower court’s order granting summary judgment to defendant on plaintiff’s claim of retaliation asserted under Title VII of the Civil Rights Act of 1964. Here, the plaintiff,…

Read More Report of Unwanted Kiss Was “Protected Activity,” Warranting Reversal of Summary Judgment on Retaliation Claim
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In Syeed et al v. Bloomberg L.P., 1:20-cv-7464-GHW, 2022 WL 3447987 (S.D.N.Y. Aug. 17, 2022), the court, inter alia, denied (in part) defendant’s motion to dismiss plaintiff’s claims of retaliation asserted under the New York State and City Human Rights Laws.[1]The court dismissed plaintiff’s claims asserted under Title VII of the Civil Rights Act of…

Read More Retaliation Claims Sufficiently Alleged, in Part, Against Bloomberg L.P.
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In Walker v. Triborough Bridge and Tunnel Authority, No. 160839/2021, 2022 WL 3227920 (N.Y. Sup Ct, New York County Aug. 09, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of gender- and race-based discrimination and retaliation claims, as well as her claim under the Gender Motivated Violence Act. As to the…

Read More Gender Discrimination, Race Discrimination, Retaliation, and Gender Motivated Violence Act Claims Sufficiently Alleged Against Triborough Bridge & Tunnel Authority
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In Gershenson v. Local 52, No. 151180/2021, 2022 WL 3010192 (N.Y. Sup Ct, New York County July 28, 2022), the court held, inter alia, that plaintiff sufficiently alleged claims of retaliation under the New York State and City Human Rights Laws. (I wrote about the court’s denial of defendants’ motion to dismiss plaintiff’s claims of…

Read More Retaliation Claims Sufficiently Alleged Against Local 52
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In Gershenson v. Local 52, No. 151180/2021, 2022 WL 3010192 (N.Y. Sup Ct, New York County July 28, 2022), the court held, inter alia, that plaintiff sufficiently alleged claims of race-based employment discrimination under the New York State and City Human Rights Laws. From the decision: In determining whether the facts alleged in the complaint…

Read More Employment (Race) Discrimination Claims Sufficiently Alleged Against Local 52
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In Mellett v. City of Philadelphia, No. 20-cv-1629-JMY, 2022 WL 2391141 (E.D.Pa. July 1, 2022), the court, inter alia, denied defendant’s motion for summary judgment as to plaintiff’s retaliation claim. From the decision: Plaintiff has brought forth evidence that Defendant’s alleged retaliatory conduct occurred within days of her complaining about Lieutenant Frank’s conduct and that…

Read More Retaliation Claim, Arising From “Antagonism” Following Complaints of Sexual Harassment, Survives Summary Judgment
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In  DeLaRosa v. New York City Department of Education et al, 21-CV-4051 (JPO), 2022 WL 2752589 (S.D.N.Y. July 14, 2022), the court, inter alia, held that plaintiff sufficiently alleged retaliation, arising from complaints of age discrimination, under the Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law, and the New York…

Read More Retaliation Claims, Arising From Complaints of Age Discrimination, Sufficiently Allege Against NYC Dept. of Education
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