In Khwaja v. Jobs to Move America et al, 19 Civ. 7070, 2021 WL 3911290 (S.D.N.Y. Sept. 1, 2021), the court adopted a Magistrate Judge’s Report & Recommendation in full, and held that plaintiff sufficiently alleged sex discrimination under Title VII of the Civil Rights Act of 1964. In sum, plaintiff – who worked as…
Read More Anti-Male Gender Discrimination Complaint Survives DismissalIn 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”In Hampton v. Wilkie, 17-cv-5711, 2021 WL 3577941 (E.D.N.Y. Aug. 9, 2021), the court, inter alia, held that plaintiff (a former employee of the Veteran Affairs Medical Center) presented enough evidence to survive summary judgment on his retaliation claim asserted under Title VII of the Civil Rights Act of 1964. After determining that plaintiff’s hostile…
Read More Federal Employee’s Title VII Retaliation Claim Survives Summary JudgmentIn Hunt v. Consolidated Edison Company of New York, Inc., 18-CV-7262, 2021 WL 3492716 (EDNY Aug. 9, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Acts of 1964 (Title VII) and the New York City Human Rights Law (NYCHRL). While the court…
Read More Retaliation Claims Survive Dismissal Against Con EdisonIn Hairston v. Christine Wormuth, Secretary, Department of the Army, N0. 20-1806, 2021 WL 3196469 (8th Cir. 2021), the U.S. Court of Appeals for the Eighth Circuit affirmed the dismissal of plaintiff’s hostile work environment sexual harassment claim against the defendant Army. Plaintiff, a general supply specialist, alleged that her immediate supervisor (Johnson) subjected her…
Read More Sexual Harassment Hostile Work Environment Claim Dismissed Against Army; “Nice Booty” Comment WithstandingIn Modica v. N.Y.C. Dept. of Education et al, 20-CV-4834, 2021 WL 3408587 (S.D.N.Y. Aug. 4, 2021), the court, inter alia, held that the plaintiff, a teacher, sufficiently alleged retaliation claims under the Americans with Disabilities Act, the Rehabilitation Act, the New York State Human Rights Law, and the New York City Human Rights Law.…
Read More Teacher’s Retaliation Claim Proceeds Under Americans With Disabilities Act and Related StatutesIn a recent case, Kengerski v. Orlando Harper; County of Allegheny, 2021 WL 3199225 (3d Cir. July 29, 2021), the U.S. Court of Appeals for the Third Circuit revived the plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive as to the claim for so-called “associational…
Read More Title VII “Race-Association” Retaliation Claim, Arising From “Monkey” Comment, Improperly Dismissed on Summary Judgment, Third Circuit HoldsIn Lively v. WAFRA Investment Advisory Group, Inc., 2021 WL 3118943 (2d Cir. July 23, 2021), the U.S. Court of Appeals for the Second Circuit affirmed the district court’s award to defendant of judgment on the pleadings, under Federal Rule of Civil Procedure 12(c), of plaintiff’s age discrimination and retaliation claims asserted under the Age…
Read More ADEA Retaliation Claim Dismissal (Judgment on the Pleadings) AffirmedFrom Thior v. Jetblue Airways Corp., No. 161506/2017, 2021 WL 2165645, 2021 N.Y. Slip Op. 31818(U), 25–26 (N.Y. Sup Ct, New York County May 27, 2021): Plaintiff argues that within a month of commencing this action in late December 2017, having previously brought claims before the EEOC and the federal district court, and within about…
Read More JetBlue Pilot’s Retaliation Claim Under the NYCHRL Survives DismissalIn Corradino v. Liquidnet Holdings Inc. & Seth Merrin, 19 Civ. 10434, 2021 WL 2853362 (S.D.N.Y. July 8, 2021) (J. Schofield), the court, inter alia, held that the plaintiff sufficiently alleged retaliation under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human…
Read More Retaliation Claims, Arising From Sexual Harassment Complaint, Sufficiently Alleged Against Liquidnet Holdings, Court Holds