Retaliation

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In Lopez v. Bendell, No. 156292/2017, 2021 WL 4776215 (N.Y. Sup Ct, New York County Oct. 13, 2021), an employment discrimination case (involving allegations of national origin discrimination, hostile work environment, retaliation, and wrongful termination), the court denied defendants’ request to vacate the Note of Issue (on the ground that plaintiff failed to produce “social…

Read More Court Declines to Vacate Note of Issue in Discrimination/Hostile Work Environment Case; Requires “Jackson Affidavit” Regarding Social Media Posts
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In Franklin v. New York City Transit Authority, 18-cv-6436, 2021 WL 4710762 (S.D.N.Y. Oct. 8, 2021), the court dismissed plaintiff’s failure-to-promote claim under Title VII of the Civil Rights Act of 1964, since that claim was not “administratively exhausted.” From the decision: The defendant in this case argues – correctly – that the plaintiff’s claims…

Read More Title VII “Failure to Promote” Claim Dismissed; Failure to Include in EEOC Charge Fatal
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In Thompson v. Americare, Inc., No. 503679/2019, 2021 WL 4654619 (N.Y. Sup Ct, Kings County Sep. 23, 2021), the court, inter alia, denied defendants’ motion for summary judgment dismissing plaintiff’s retaliation claim asserted under the New York City Human Rights Law. From the decision: Plaintiff’s disclosure to Martinez of her pregnancy is a protected activity…

Read More Retaliation Claim, Arising From Pregnancy Disclosure, Survives
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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 Donnelly v. The New York City and Vicinity District Council of the United Brotherhood of Carpenters and Joiners of America et al, 152197/2019, 2021 WL 4494816 (N.Y. Sup Ct, New York County Oct. 01, 2021), the court held that plaintiff sufficiently alleged retaliation under the New York City Human Rights Law. In sum, plaintiff…

Read More Retaliation Claim, Based on Sexual Harassment Complaint, Sufficiently Alleged Under the NYC Human Rights Law
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Some court decisions, particularly in the employment discrimination context, are perfect examples of “what not to do” in the workplace. In such a recent case, Shkoza v. NYC Health & Hospitals Corp., 20-CV-3646, 2021 WL 4340787 (S.D.N.Y. Sept. 22, 2021), the court held that plaintiff sufficiently alleged a sex-based hostile work environment under the New…

Read More Sex-Based Hostile Work Environment Sufficiently Alleged; Allegations Included “Wives” Comment, Inappropriate Touching
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In Fabor v. Niagara Frontier Transportation Authority, 19-CV-1573S, 2021 WL 4060420 (W.D.N.Y. Sept. 7, 2021) – a race discrimination and retaliation case asserted under Title VII of the Civil Rights Act of 1964 – the court discussed and applied the rules concerning the “administrative exhaustion” aspect of asserting a Title VII claim. In sum, before…

Read More Premature “Right to Sue” Letter Results in Dismissal of Race Discrimination an Retaliation Claims
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In Eckhart v. Fox News Network, LLC and Ed Henry, 20-CV-5593, 2021 WL 4124616 (S.D.N.Y. Sept. 9, 2021), the court, in part, held that plaintiff’s retaliation claim survived dismissal. In her complaint, plaintiff alleges various forms of retaliation: (1) terminating her employment; (2) issuing a press release about alleged harasser Ed Henry’s termination; (3) filing a…

Read More Jennifer Eckhart’s Retaliation Claims Survive Against Fox News, Ed Henry
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In Gibbs v. Megan J. Brennan, Postmaster General of the Unites States Postal Service, 2021 WL 3661277 (D.N.J. Aug. 18, 2021), the court denied defendant’s motion for summary judgment on plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive as to the interpretation and application of…

Read More Title VII Retaliation Claim Survives Summary Judgment; Threat (and Settlement) of Sexual Harassment Claim May Qualify as Protected “Opposition”
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