Retaliation

In Reynolds v. The City of New York, 22-CV-1910 (VEC), 2022 WL 17792394 (S.D.N.Y. Dec. 19, 2022), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s First Amendment retaliation claim. From the decision: The sole cause of action in Plaintiff’s Amended Complaint alleges that the City violated 42 U.S.C. § 1983 by retaliating against…

Read More First Amendment Retaliation Claim Dismissed; Complaints About Alleged Improper Workplace Conduct Did Not Amount to Speaking as a Citizen on a Matter of Public Concern
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In D’Anzieri v. Harrison Global LLC et al, 21-CV-8506 (VEC), 2022 WL 17404254 (S.D.N.Y. Dec. 2, 2022), the court denied defendants’ motion to dismiss plaintiff’s discrimination and retaliation claims, asserted under the New York State and City Human Rights Laws, on the basis of those statutes’ geographic reach. From the decision: The NYCHRL and NYSHRL…

Read More Sex, Age Discrimination Claims Survive Dismissal; Alleged Conduct Was Sufficiently Tied to New York
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In Temidis v. Intern. Business Machines Corp., No. 156289/2018, 2022 WL 4790484, 2022 N.Y. Slip Op. 33326(U)(N.Y. Sup Ct, New York County Oct. 03, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. The court summarized the facts…

Read More Retaliation Claims, Arising From Complaints of Race Discrimination Against Colleague, Survive Summary Judgment Against IBM
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In Bills v. WVNH Emp, LLC, 2022 WL 17365256 (S.D.W.Va. Dec. 1, 2022), the court granted defendant’s motion for summary judgment dismissing her claim of wrongful termination asserted under the West Virginia Human Rights Act (WVHRA). From the decision: Unlike most wrongful termination cases, there is no dispute here as to why the Defendants terminated…

Read More Nursing Assistant’s Smacking Alleged Groping Patient’s Hands Was Not “Protected Activity” For Sexual Harassment / Retaliation Claim, Court Holds
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In Green v. Denis McDonough, Secretary, U.S. Department of Veterans Affairs, 2022 WL 17330852 (W.D.Tex. Nov. 28, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliatory hostile work environment claim. Initially, the court held that plaintiff sufficiently alleged a causal connection between his engaging in protected activity and the alleged harassment. On…

Read More Retaliatory Hostile Work Environment Sufficiently Alleged Against VA
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In Downey v. Monro, Inc., 1:20-CV-1505 (TJM/ML), 2022 WL 17093421 (N.D.N.Y. Nov. 21, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of retaliation. On the issue of pretext, the court explained: Here, Defendant argues that none of the decisionmakers regarding Plaintiff’s termination were aware of any age-based comments that…

Read More Retaliation Claim, Based on Complaints of Age Discrimination, Survives Summary Judgment
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In Estevez et al v. Berkeley College et al, 2022 WL 17177971 (S.D.N.Y. Nov. 23, 2022), the court denied defendant’s motion for Rule 11 sanctions, but chastised plaintiff’s counsel for what it perceived as an attempt to mislead the court. Federal Rule of Civil Procedure 11 provides, in part, that an attorney presenting a pleading,…

Read More Court Admonishes Lawyer for Perceived Misrepresentations in Connection With Retaliation Claim
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In Grant v. Baltimore City Police Department, Civil Action No. RDB-21-2173, 2022 WL 16746703 (D.Md. Nov. 7, 2022), the court, inter alia, held that plaintiff sufficiently alleged retaliation under Title VII of the Civil Rights Act of 1964. From the decision: A plaintiff alleging unlawful retaliation must show that there exists a “but-for” connection between…

Read More Retaliation Claim, Arising From Alleged Transfer Denial Following Complaint of Racial Slur, Sufficiently Alleged
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In Blanchard v. Tulane University, Civil Action No. 22-260, 2022 WL 13733195 (E.D.La. Oct. 21, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. This aspect of the decision concerns Title VII’s “administrative exhaustion” requirement, which, in sum, requires an…

Read More Retaliation Claim, Arising Out of EEOC Charge, Survives Dismissal
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In Lare v. Supreme Maintenance Inc., No. 1:22-cv-00007-WJ, 2022 WL 13821774 (D.N.M. Oct. 21, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s so-called “third party retaliation” claim asserted under Title VII of the Civil Rights Act of 1964. In a somewhat unusual fact pattern, plaintiff asserts that he was terminated after, and…

Read More Husband’s Third-Party Retaliation Claim, Following Wife’s Complaint of Sexual Harassment, Survives Dismissal
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