Retaliation

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In McConaughey v. Port Authority of New York and New Jersey, 21-CV-6137 (RA), 2024 WL 5168018 (S.D.N.Y. Dec. 18, 2024), the court denied defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: McConaughey alleges that he…

Read More Title VII Sex-Based Hostile Work Environment, Retaliation Claims Survive Summary Judgment Against Port Authority
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In Crump v. City of New York, No. 155802/2013, 2024 WL 4957329 (N.Y. Sup Ct, New York County Nov. 30, 2024), the court, inter alia, dismissed plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: Defendants have demonstrated that the conduct at issue was not…

Read More Hostile Work Environment Claims Dismissed; Alleged Joking About Accent Held Insufficient
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In Jordan v. City of New York, 23cv4962 (DLC), 2024 WL 4872186 (S.D.N.Y. November 22, 2024), the court held/confirmed that requesting a “reasonable accommodation” is not “protected activity” in connection with asserting a retaliation claim under the New York State Human Rights Law. From the decision: When deciding a question of state law, federal courts…

Read More Requesting a “Reasonable Accommodation” is Not “Protected Activity” Under the New York State Human Rights Law, SDNY Holds
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In U.S. Equal Employment Opportunity Commission v. Council for Advancement of Social Services and Education, 2024 WL 4479882 (W.D.La. Oct. 10, 2024), the court, inter alia, held that the plaintiff sufficiently alleged a claim of retaliation under Title VII of the Civil Rights Act of 1964. After concluding that plaintiff sufficiently alleged a claim of race discrimination,…

Read More Title VII Retaliation Claim Sufficiently Alleged; Unpaid Leave Followed Complaint By One Hour
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In Spiegel v 226 Realty LLC, No. 150371/13, 2023–03102, 2805, 2024 N.Y. Slip Op. 05076, 2024 WL 4486892 (N.Y.A.D. 1 Dept., Oct. 15, 2024), the Appellate Division, First Department, unanimously reversed the lower court’s award of summary judgment to defendants on plaintiff’s whistleblower claim under New York Labor Law § 740. Specifically, the court held that…

Read More First Department Reverses Dismissal of NY Labor Law § 740 Whistleblower Claim; Statute Applied Retroactively
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In Alford v. Wonderland Montessori Academy, LLC, 2024 WL 4354711 (N.D.Tex. Sept. 30, 2024), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of retaliation under Title VII of the Civil Rights Act of 1964. From the decision: Alford alleges that she engaged in protected activity “in reporting discrimination by Defendant’s…

Read More Retaliation Claims Dismissed; Furlough Occurred Five Months After Protected Activity
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In Clay v. FGO Logistics, Inc., 2024 WL 4335791 (D.Conn. Sept. 27, 2024), the court, inter alia, provided instructive guidance regarding when a claim “accrues” under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). In sum, plaintiff’s retaliation claim (but not his hostile work environment and sexual harassment claims) accrued after…

Read More Court Denies Motions to Compel Arbitration Per the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA)
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In Frey v. Northern Soy, Inc. et al, Case # 23-CV-6198-FPG, 2024 WL 4373767 (W.D.N.Y. Oct. 2, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims. From the decision: Title VII, NYSHRL, and ADA Retaliation Claims Plaintiff alleges that her termination was retaliation for her complaints about sex and disability discrimination,…

Read More Retaliation Claims Sufficiently Alleged; Termination Closely Followed Complaints of Sex and Disability Discrimination
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In Wu v. Wunderkind Corp., No. 155165/2023, 2024 WL 4307855 (N.Y. Sup Ct, New York County Sep. 26, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation asserted under the New York State and City Human Rights Laws. From the decision: The branch of defendant’s motion to dismiss plaintiff’s retaliation claims under…

Read More Retaliation Claims Sufficiently Alleged; Termination Occurred Day After HR Contact
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In Cruz v. Local 32BJ and Harvard Maintenance, Inc., 22 Civ. 3068 (PGG) (SDA), 2024 WL 4357036 (S.D.N.Y. Sept. 30, 2024), the court denied defendant’s motion to dismiss plaintiff’s claims of retaliation under Remove term: 42 USC § 1981, the New York State Human Rights Law, and the New York City Human Rights Law. From…

Read More Retaliation Claim, Based on 9-Day Gap Between Protected Activity and Adverse Action, Plausibly Alleged
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