Plaintiff Defeats Summary Judgment (Retaliation)

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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In Harding v. Donatella GCT LLC et al, No. 158886/2017, 2021 N.Y. Slip Op. 50116(U), 2021 WL 647542 (Sup Ct, Feb. 18, 2021), the court, inter alia, denied defendant’s motion for summary judgment targeting plaintiff’s claim of retaliation. From the decision: To make out a claim for retaliation, a plaintiff must show that (1) she…

Read More Retaliation Claim, Based on Termination Following Complaint of Sexual Harassment/Groping, Survives Summary Judgment Dismissal
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In Domingues v. Barton Chevrolet Cadillac et al, 18-CV-07772, 2021 WL 637016 (S.D.N.Y. Feb. 17, 2021), the court, inter alia, denied defendant Barton Chevrolet’s motion for summary judgment on plaintiff’s retaliation claim (arising from her complaints of sexual harassment) asserted under Title VII of the Civil Rights Act of 1964 and the New York State…

Read More Retaliation Claim Survives Summary Judgment Against Barton Chevrolet
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In Massaro v. The Board of Education of the City School District of the City of New York, et al, 2021 WL 184364, at *6 (S.D.N.Y. Jan. 19, 2021), the court, inter alia, held that plaintiff presented sufficient evidence to survive summary judgment (in part) on her retaliation claim under the Age Discrimination in Employment Act,…

Read More ADEA Retaliation Claim, Arising From Denial of Substitute Teaching Application Following EEOC Charge, Survives Summary Judgment
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In Crump v. The New York City Housing Authority, No. 163138/2015, 2020 WL 5874852 (N.Y. Sup Ct, New York County Oct. 02, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim that he was subject to retaliation (for complaining of discrimination and harassment based on his sexual orientation) in violation…

Read More Retaliation Claim Against NYC Housing Authority Survives Summary Judgment
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