Retaliation

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In Pittman v. Yantiss et al, No. 151274/2020, 2022 WL 2238886 (N.Y. Sup Ct, New York County June 15, 2022), the court, inter alia, denied defendants’ motion to dismiss her claims of retaliation in violation of the New York State and City Human Rights Laws. (I addressed the court’s decision denying defendants’ motion to dismiss…

Read More Retaliation Claim Sufficiently Alleged: Pittman v. Yantiss et al
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In Ilana Gamza-Machado de Souza v. Planned Parenthood Federation of America, Inc. et al, 21 Civ. 5553 (LGS), 2022 WL 2047580 (S.D.N.Y. June 7, 2022), the court held that plaintiff, a Jewish woman, plausibly alleged retaliation claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and…

Read More Jewish Woman Sufficiently Alleges Retaliation Against Planned Parenthood
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In Leroy v. Delta Air Lines, Inc., 2022 WL 2069281 (2d Cir. June 9, 2022), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim asserted under the New York City Human Rights Law, N.Y.C. Admin. Code § 8-107(7). This case arose from an incident in which a passenger allegedly called plaintiff flight attendant a…

Read More Retaliation Claim, Based on Alleged Racial Comment by Airline Passenger, Properly Dismissed
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In Estevez, Mancini, and Mekuli v. Berkeley College et al, No. 18-CV-10350 (CS), 2022 WL 1963659 (S.D.N.Y. June 6, 2022), an employment discrimination case, the court considered defendants’ motion for attorney fees following the court’s prior summary judgment dismissal of plaintiff’s claims. Many of the anti-discrimination laws – including Title VII of the Civil Rights…

Read More Court Finds That “Thin” Retaliation Claims Were Not “Frivolous” so as to Warrant an Award of Attorney Fees to Defendants; Cautions Plaintiffs’ Counsel
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In Harris v. Sam’s East, Inc., 4:20-CV-176 (CDL), 2022 WL 1631963 (M.D.Ga. May 23, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim for retaliation under Title VII of the Civil Rights Act of 1964. This case illustrates that a retaliation claim may survive, even though the underlying claim –…

Read More Retaliation Claim, Arising From Complaints of Sexual Harassment, Survives Summary Judgment
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In Jones v. CareandWear II, Inc., No. 656428/2020, 75 Misc. 3d 1205(A), 2022 N.Y. Slip Op. 50383(U), 2022 WL 1483791 (N.Y. Sup. Ct. N.Y. Cty. May 10, 2022), the court, inter alia, held that plaintiff sufficiently alleged a claim of retaliatory discharge in violation of New York’s general whistleblowing statute, NY Labor Law § 740.…

Read More Whistleblower (NY Labor Law § 740) Claim, Arising From Discharge Following Complaint of PPE Price-Gouging, Survives Dismissal
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In Hunley v. DTLR Villa, Inc., 22-CV-6010L, 2022 WL 1447737 (W.D.N.Y. May 9, 2022), the court granted defendant’s motion to dismiss plaintiff’s discrimination and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. This case teaches that a plaintiff may not prevail on such a claim by merely alleging that (a)…

Read More Title VII Sex/Race-Based Discrimination, Retaliation Claims Dismissed; Link Between Protected Class(es) and Adverse Action Was Lacking
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In Ibela v. Allied Universal, 2022 WL 1418886 (2d Cir. May 5, 2022), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the dismissal of plaintiff’s claim of retaliation asserted under the Americans with Disabilities Act. After affirming the dismissal of plaintiff’s discrimination claim (on the ground that plaintiff “did not allege…

Read More ADA Retaliation Claim Dismissal Vacated; Seeking a Reasonable Accommodation For Bipolar Disorder Was a “Protected Activity”
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In Mercado v. Mount Pleasant Cottage Union Free School District et al, No. 19-CV-9022 (NSR), 2022 WL 1239689 (S.D.N.Y. April 27, 2022), the court, inter alia, held that plaintiff sufficiently alleged retaliation under Title VII of the Civil Rights Act of 1964 (specifically, the “participation” prong of Title VII’s anti-retaliation clause). The court explained: Defendant…

Read More Title VII Retaliation Claim, Based on Agreement to Serve as a Witness, Sufficiently Alleged
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In Melendez v. New York City Transit Authority et al., No. 1576 4, 2021-02852, 2022 WL 1177462 (N.Y.A.D. 1 Dept., Apr. 21, 2022), the Appellate Division, First Department unanimously affirmed the lower court’s denial of defendants’ motion for summary judgment dismissing plaintiff’s complaint alleging gender discrimination and retaliation. From the decision: The record does not…

Read More Gender Discrimination, Retaliation Claims to Proceed Against NYC Transit Authority
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