Retaliation

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In HC2, Inc. v. Delaney, 20-cv-3178, 2020 WL 7480675 (S.D.N.Y. Dec. 18, 2020), the court, inter alia, dismissed the employee’s  whistleblower retaliation claims. The employee (Delaney) alleges that the employer (HC2) violated New York Labor Law §§ 740 and 215 by terminating his employment after he complained about HC2’s handling of the Covid-19 pandemic. Specifically,…

Read More COVID Whistleblower Retaliation (NY Labor Law § 740) Claim Dismissed
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In a recent case, Belvin and Mayers v. Electchester Management, LLC, 2020 WL 7262877 (E.D.N.Y. Dec. 10, 2020), the court, inter alia, dismissed one plaintiff’s retaliation claim, finding that they did not establish a prima facie case of retaliation. From the decision: Regarding the first claim, Mr. Mayers has failed to adduce evidence of retaliation…

Read More Retaliation Claim Dismissed; Insufficient Help in Putting Up Christmas Decorations Was Not An “Adverse Employment Action”
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In Rivera v. NYC Department of Education, 2020 WL 7496282 (S.D.N.Y. Dec. 21, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: Focusing on the timely allegations, the only non-conclusory allegations in this category are that Fanning “acted very coldly” towards Plaintiff and that Plaintiff received negative performance evaluations for…

Read More Hostile Work Environment Claim Dismissed Against NYC Dept of Education; “Acting Coldly” Plus Negative Performance Evaluations Insufficient
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In Franco v. Hyatt Corp. d/b/a Hyatt Times Square et al, No. 12422, 153152/14, 2019-3451, 2020 WL 7346434 (N.Y.A.D. 1 Dept., Dec. 15, 2020), the court, inter alia, reversed summary judgment for defendants on plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. From the decision: Defendants argue that plaintiff’s separate claim…

Read More Retaliatory Termination Claims Survive Against Hyatt
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In Agosto v. New York City Department of Education et al, 2020 WL 7086060 (2d Cir. Dec. 4, 2020), the court, inter alia, affirmed the dismissal of plaintiff high school teacher’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the elements of such a claim: To establish…

Read More 2d Circuit Affirms Dismissal of Teacher’s Title VII Retaliation Claim
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In Pelepelin v. City of New York, No. 12535, 154246/18, 2019-5743, 2020 N.Y. Slip Op. 07291, 2020 WL 7061886 (N.Y.A.D. 1 Dept., Dec. 03, 2020), the New York Supreme Court, Appellate Division, First Department, inter alia, held that plaintiff sufficiently alleged retaliation claims under the New York State and City Human Rights Laws. Here is…

Read More NYPD Detective Sufficiently Alleges Retaliation Under the NYC Human Rights Law
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In Vega v. Department of Education, 2020 WL 6727803 (S.D.N.Y. Nov. 16, 2020), the court, inter alia, dismissed plaintiff’s retaliation claim. From the decision: Vega alleges that she was terminated in March 2019 in retaliation for filing her previous case, Vega I, in July 2018. Doc. 30 ¶ 20. To sufficiently plead a prima facie…

Read More Disability-Based Retaliation Claim Dismissed; Causation Undermined by Nine-Month Gap Between Protected Activity and Adverse Action
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In Butler v. City School District of New Rochelle et al, 2020 WL 6639121 (S.D.N.Y., 2020), the court denied plaintiff’s motion for reconsideration of its decision to dismiss plaintiff’s claim of retaliation asserted under 42 U.S.C. § 1981. The court explained that such a motion is subject to a strict standard, which requires the movant…

Read More Section 1981 Retaliation Claim Dismissed Against New Rochelle School District
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In Petrisko v Animal Medical Center, No. 12095, 151573/18, 2019-5044, 2020 N.Y. Slip Op. 05830, 2020 WL 6065450 (N.Y.A.D. 1 Dept., Oct. 15, 2020), the court affirmed the dismissal of plaintiff’s defamation, retaliatory discharge, and tortious interference. From the decision: The motion court correctly dismissed as untimely the defamation claims arising from statements that were…

Read More Retaliation, Defamation, and Tortious Interference Claims Properly Dismissed, Court Holds
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In Green v. Mount Sinai Health System, Inc. et al, 2020 WL 6165969 (2d Cir. Oct. 22, 2020) (Summary Order), the court affirmed the dismissal of plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. Specifically, the court held that (1) plaintiff did not engage in “protected activity”, (2) plaintiff…

Read More Retaliation Claim Dismissed; “Generalized Complaints” Did Not Constitute “Protected Activity”
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