Retaliation

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In Downey v. Monro, Inc., 1:20-CV-1505 (TJM/ML), 2022 WL 17093421 (N.D.N.Y. Nov. 21, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of retaliation. On the issue of pretext, the court explained: Here, Defendant argues that none of the decisionmakers regarding Plaintiff’s termination were aware of any age-based comments that…

Read More Retaliation Claim, Based on Complaints of Age Discrimination, Survives Summary Judgment
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In Estevez et al v. Berkeley College et al, 2022 WL 17177971 (S.D.N.Y. Nov. 23, 2022), the court denied defendant’s motion for Rule 11 sanctions, but chastised plaintiff’s counsel for what it perceived as an attempt to mislead the court. Federal Rule of Civil Procedure 11 provides, in part, that an attorney presenting a pleading,…

Read More Court Admonishes Lawyer for Perceived Misrepresentations in Connection With Retaliation Claim
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In Grant v. Baltimore City Police Department, Civil Action No. RDB-21-2173, 2022 WL 16746703 (D.Md. Nov. 7, 2022), the court, inter alia, held that plaintiff sufficiently alleged retaliation under Title VII of the Civil Rights Act of 1964. From the decision: A plaintiff alleging unlawful retaliation must show that there exists a “but-for” connection between…

Read More Retaliation Claim, Arising From Alleged Transfer Denial Following Complaint of Racial Slur, Sufficiently Alleged
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In Blanchard v. Tulane University, Civil Action No. 22-260, 2022 WL 13733195 (E.D.La. Oct. 21, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. This aspect of the decision concerns Title VII’s “administrative exhaustion” requirement, which, in sum, requires an…

Read More Retaliation Claim, Arising Out of EEOC Charge, Survives Dismissal
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In Lare v. Supreme Maintenance Inc., No. 1:22-cv-00007-WJ, 2022 WL 13821774 (D.N.M. Oct. 21, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s so-called “third party retaliation” claim asserted under Title VII of the Civil Rights Act of 1964. In a somewhat unusual fact pattern, plaintiff asserts that he was terminated after, and…

Read More Husband’s Third-Party Retaliation Claim, Following Wife’s Complaint of Sexual Harassment, Survives Dismissal
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In Leroy v. Delta Air Lines, 2022 WL 12144507 (2d Cir. Oct. 21, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s retaliation claim asserted under the New York City Human Rights Law. In sum, plaintiff alleges that, while working as a flight attendant for Delta, she was subjected to drug testing, wrongfully suspended,…

Read More Flight Attendant’s Retaliation Claim, Based on Airline’s Report of Racist Remark By Passenger, Properly Dismissed
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In Edelman v. NYU Langone Health System, 21 Civ. 502 (LGS), 2022 WL 4537972 (S.D.N.Y. Sept. 28, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of retaliation asserted under Title VII of the Civil Rights Act of 1964. In reaching its decision, the court applied the well-established McDonnell Douglas burden-shifting analysis…

Read More Retaliation Claim, Arising From Complaint About Sex Discrimination, Survives Summary Judgment Against NYU Langone Health System
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In Lent v. The City of New York, et al., No. 1642 2, 2021-04616, 2022 WL 7177790 (N.Y.A.D. 1 Dept., Oct. 13, 2022), the court affirmed the dismissal of plaintiff’s age discrimination, hostile work environment, and retaliation claims. As to plaintiff’s discrimination claims, the court explained: The court properly dismissed plaintiff’s age discrimination claim under…

Read More Age Discrimination Claims Dismissed; “Old Enough to Retire” Comment Insufficient
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In Zaja v. SUNY Upstate Medical University/Upstate Healthcare Center, 5:20-CV-337 (MAD/TWD), 2022 WL 4465498 (N.D.N.Y. Sept. 26, 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. From the decision: Here, Defendant has met its burden of production to…

Read More Retaliation Claim, Based on Sexual Harassment Complaint, Survives Summary Judgment
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In Kubas v. 331B, LLC d/b/a Rockwell Fitness, No. MJM-20-2456, 2022 WL 4608147 (D.Md. Sept. 30, 2022), the court denied defendant’s motion for summary judgment on plaintiff’s claim that defendant terminated her employment in retaliation for reporting sexual harassment by another employee, in violation of Title VII of the Civil Rights Act of 1964. After finding that…

Read More Title VII Retaliation Claim, Arising From Termination Following Complaints of Sexual Harassment, Survives Summary Judgment Against Maryland Gym
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