Retaliation

In Bush v. Alliant Content, LLC, No. 151495/2020, 2021 WL 1204987 (N.Y. Sup Ct, New York County Mar. 29, 2021), the court dismissed, with prejudice, plaintiff’s claim of employment discrimination under the New York City Human Rights Law (NYCHRL). While that statute is comparatively broader than its federal and state counterparts, it will not apply…

Read More Finding Insufficient Connection to New York City, Court Strikes NYC Human Rights Law Claim From Employment Discrimination Complaint
Share This:

In Saborit v. Harlem Hospital Center Auxiliary, Inc., et al, 19-cv-4686, 2021 WL 1063241 (S.D.N.Y. March 19, 2021), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Lewis Liman) denied defendants’ motion for summary judgment on plaintiff’s disability discrimination claims asserted under the Americans with Disabilities Act,…

Read More HIV+ Plaintiff’s Disability Discrimination Claims Survive Summary Judgment Against Harlem Hospital Center
Share This:

In Rodriguez v. Newmark & Co. Real Estate, Inc., No. 158325/2019, 2021 WL 1040524 (N.Y. Sup Ct, New York County Mar. 18, 2021), the court granted defendants’ motions to dismiss plaintiff’s complaint, or in the alternative, stay this action to compel arbitration of plaintiff’s gender discrimination, sexual harassment, retaliation, and aiding-and-abetting-discrimination claims. The crux of…

Read More Union Member’s Sexual Harassment and Discrimination Claims Must Be Arbitrated, Court Holds
Share This:

In Hyacinthe v. City of New York, No. 151812/2020, 2021 WL 619320, 2021 N.Y. Slip Op. 30443(U), (N.Y. Sup Ct, New York County Feb. 17, 2021), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s retaliation claim. (The court also denied defendant’s motion to dismiss plaintiff’s disability discrimination and failure-to-accommodate-disability claims; I discussed that…

Read More Retaliation Claim Dismissed Against NYC; Officer’s Request for Reasonable Accommodation Was Not “Protected Activity”
Share This:

In Black v. ESPN, Inc. et al, No. 155236/2020, 2021 N.Y. Slip Op. 50118(U), 2021 WL 668760 (Sup Ct NY Cty, Feb. 19, 2021), the court denied defendants’ motion to dismiss plaintiff’s disability discrimination, hostile work environment, and retaliation claims asserted under the New York State and City Human Rights Laws. In sum, plaintiff, a…

Read More Disability Discrimination, Hostile Work Environment, & Retaliation Claims Sufficiently Alleged Against ESPN et al
Share This:

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
Share This:

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
Share This:

A recent decision, Girard v. International Association of Approved Basketball Officials, Inc., 2021 WL 222116 (2d Cir. Jan. 22, 2021) (Summary Order), illustrates the principle that Title VII of the Civil Rights of 1964 (the primary federal anti-discrimination law) protects only “employees.” Girard, a female middle and high school basketball referee, sued defendants under Title…

Read More High/Middle School Basketball Referee Was Not a Title VII “Employee”; Gender Discrimination and Retaliation Claims Dismissed
Share This:

In Denson v. Donald J. Trump for President, Inc., No. 101616/2017, 2021 WL 256624 (N.Y. Sup Ct, New York County Jan. 11, 2021), the court, inter alia, granted plaintiff’s motion to amend her complaint to add a claim for retaliation arising from defendants’ commencement of an arbitration proceeding in response to her lawsuit alleging a…

Read More Sex-Discrimination Plaintiff May Amend Complaint to Assert Arbitration-Related Retaliation Claim Against Trump Campaign
Share This:

In Ramos v. Metro N. Commuter R.R., 2021 NY Slip Op 00272 (App. Div. 1st Dept. Jan. 19, 2021), the court held that plaintiff – contrary to the lower court’s determination – presented enough evidence to create a triable issue of fact as to her employment discrimination, hostile work environment, and retaliation claims against the…

Read More Discrimination, Hostile Work Environment, and Retaliation Claims Against MTA Survive Summary Judgment
Share This: