Plaintiff Defeats Summary Judgment (Retaliation)

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 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 Edelman v. NYU Langone Health System, 21 Civ. 502 (LGS), 2022 WL 4537972 (S.D.N.Y. Sept. 28, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of retaliation asserted under Title VII of the Civil Rights Act of 1964. In reaching its decision, the court applied the well-established McDonnell Douglas burden-shifting analysis…

Read More Retaliation Claim, Arising From Complaint About Sex Discrimination, Survives Summary Judgment Against NYU Langone Health System
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In Kubas v. 331B, LLC d/b/a Rockwell Fitness, No. MJM-20-2456, 2022 WL 4608147 (D.Md. Sept. 30, 2022), the court denied defendant’s motion for summary judgment on plaintiff’s claim that defendant terminated her employment in retaliation for reporting sexual harassment by another employee, in violation of Title VII of the Civil Rights Act of 1964. After finding that…

Read More Title VII Retaliation Claim, Arising From Termination Following Complaints of Sexual Harassment, Survives Summary Judgment Against Maryland Gym
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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 Buck v. Thycotic Software, LLC, No. 2:20-cv-01721-BJR, 2022 WL 3975140 (W.D.Wash. Sept. 1, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. In sum, the male plaintiff (Buck) asserts that he was subject to retaliatory termination following…

Read More Retaliation Claim, Based on Supporting Co-Worker’s Complaint of Sexual Harassment, Survives Summary Judgment
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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 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 Valentia Villetti, Faiza Jibril, M.D. v. Guidepoint Global LLC, 21-2059-cv, 2022 WL 2525662 (2d Cir. July 7, 2022), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the lower court’s summary judgment on plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, the New York State…

Read More Retaliation Claims Survive Summary Judgment; Court Cites Temporal Proximity Between Complaints and Termination and Inconsistent Explanations For Termination
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A recent retaliation/sexual harassment case, Young v. Bernhard MCC, LLC, No. 3:20-cv-00363, 2022 WL 1499700 (M.D.Tenn. May 12, 2022), presents an interesting and somewhat unique fact pattern. Here, plaintiff Michael Young is plaintiff Robert Young’s father. Michael and Robert worked together at defendant Bernhard MCC, a construction company, until they were both fired on the…

Read More Father’s Title VII Retaliation Claim, Arising From Reporting Sexual Harassment Against Son, Survives Summary Judgment
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