Plaintiff Defeats Summary Judgment (Retaliation)

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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In Scé v. City of New York, 2022 WL 598974 (2d Cir. March 1, 2022), the Second Circuit, inter alia, vacated the district court’s award of summary judgment to defendants on plaintiff’s retaliation and aiding & abetting claims asserted in his Second Amended Complaint under the New York City Human Rights Law. (The court did,…

Read More Retaliation Claim, Involving Alleged “Baseless” Sexual Harassment Investigation, Resurrected From Summary Judgment Dismissal
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In Jia v. China Renaissance Securities (US) Inc., No. 158516/2018, 2021 WL 4553665 (N.Y. Sup Ct, New York County Oct. 05, 2021), the court held that plaintiff’s unlawful retaliation claim(s) survived summary judgment. From the decision: Plaintiff claims that she establishes a prima facie case for retaliation under the NYSHRL and the NYCHRL (Executive Law…

Read More Retaliation Claim, Based on Opposition to Gender Discrimination, Survives Summary Judgment
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In Hampton v. Wilkie, 17-cv-5711, 2021 WL 3577941 (E.D.N.Y. Aug. 9, 2021), the court, inter alia, held that plaintiff (a former employee of the Veteran Affairs Medical Center) presented enough evidence to survive summary judgment on his retaliation claim asserted under Title VII of the Civil Rights Act of 1964. After determining that plaintiff’s hostile…

Read More Federal Employee’s Title VII Retaliation Claim Survives Summary Judgment
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In Hairston v. Christine Wormuth, Secretary, Department of the Army, N0. 20-1806, 2021 WL 3196469 (8th Cir. 2021), the U.S. Court of Appeals for the Eighth Circuit affirmed the dismissal of plaintiff’s hostile work environment sexual harassment claim against the defendant Army. Plaintiff, a general supply specialist, alleged that her immediate supervisor (Johnson) subjected her…

Read More Sexual Harassment Hostile Work Environment Claim Dismissed Against Army; “Nice Booty” Comment Withstanding
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