Retaliation

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In 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 Statutes
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In 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 Holds
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In 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) Affirmed
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From 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 Dismissal
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In 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
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While I typically write about new developments in the law, every so often I come across a court decision that, while older, is interesting enough to warrant discussion here. One such case is Iannone v. Frederic R. Harris, Inc., 941 F.Supp. 403 (S.D.N.Y. 1996). In sum, the plaintiff here was terminated, she alleges, in retaliation…

Read More Retaliation Claim, Arising From Expressed Concerns About “Racy” Photo, Survives Dismissal
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In Arbelaez v. Champion Parking 230 LLC, No. 161188/20, 2021 WL 2772385 (N.Y. Sup Ct, New York County July 02, 2021), the court held that defendants’ counterclaim for breach of the “faithless servant doctrine” was sufficiently alleged. Plaintiff, who was terminated from his job as a manager of a parking garage owned by Champion Parking,…

Read More “Faithless Servant” Counterclaim Survives Dismissal
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In Garcia v. NYC Health & Hospitals Corp., No. 157098/2020, 2021 WL 2688488 (N.Y. Sup Ct, New York County June 28, 2021), the court, inter alia, held that plaintiff sufficiently alleged claims for discrimination, hostile work environment, and retaliation under the New York City Human Rights Law. Plaintiff alleged that “his coworkers touched him inappropriately,…

Read More Retaliation Claim Stated Against NYC Health & Hospitals Corp.
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In EEOC v. Konos, Inc., Case No. 1:20-CV-973 (W.D. Mich. June 3, 2021), the court denied the defendant’s motion to dismiss plaintiff U.S. Equal Employment Opportunity Commission (EEOC)’s sexual harassment lawsuit brought on behalf of a worker, an egg inspector, who alleged that she suffered sexual harassment. The court summarized the facts as follows (as…

Read More Michigan Federal Court Denies Defendant’s Motion to Dismiss EEOC’s Title VII Hostile Work Environment Sexual Harassment Claim
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In Lent v. The City of New York, No. 150403/2020, 2021 WL 2165646,  2021 N.Y. Slip Op. 31805(U), 6 (N.Y. Sup Ct, New York County May 19, 2021), the court, inter alia, dismissed plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. Generally, in order to make out a retaliation…

Read More NYPD Employee’s Retaliation Claims Dismissed; No “Protected Activity” Where Underlying Complaint Did Not Sufficiently Identify Harassment Based on Age
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