Retaliation

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In Pozner v. Fox Broadcasting Co., No. 652096/2017, 2019 WL 6117960, 2019 N.Y. Slip Op. 33415(U) (N.Y. Sup Ct, New York County Nov. 18, 2019), the court dismissed plaintiff’s retaliation claim, which was based on the filing of a counterclaim by the defendant. Some background: The plaintiff (Pozner) worked was a Fox executive vice president.…

Read More Court Dismisses Retaliation Claim, Predicated on Counterclaim, Under the Noerr-Pennington Doctrine
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In Ahmed v. American Museum of Natural History, 18-3295-cv, 2019 WL 5302824 (2d Cir. Oct. 21, 2019) (Summary Order), the court affirmed the dismissal (on summary judgment) of plaintiff’s retaliation claims. In sum, plaintiff asserted that defendants retaliated against him for objecting to sexual harassment that he witnessed, in violation of Title VII of the…

Read More Retaliation Claim, Based on Sexual Harassment Complaint, Dismissed Against American Museum of Natural History
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In Taylor v. Health Research, Inc., No. 151848/2019, 2019 WL 5212862, 2019 N.Y. Slip Op. 33051(U) (N.Y. Sup Ct, New York County Oct. 16, 2019), the court, inter alia, dismissed plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. The court explained that “in order to make out a claim…

Read More Retaliation Claims Dismissed; Generalized Complaint Was Not “Protected Activity”
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In O’Rourke v. National Foreign Trade Council, No. 10104, 156502/16, 2019 N.Y. Slip Op. 07489, 2019 WL 5232866 (N.Y.A.D. 1 Dept., Oct. 17, 2019), the court unanimously affirmed the lower court’s decision (by Supreme Court judge Alan Marin) to deny defendant’s motion to dismiss for gender discrimination and retaliation under the New York City Human…

Read More City HRL Retaliation Claim Stated; Court Cites Threat to “Make the Situation Worse” For Plaintiff if She Continued to Complain
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In Mercedes v. New York City Department of Education, 2019 WL 4926968 (2d Cir. 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s gender discrimination, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964. With respect to the gender discrimination claim, after summarizing the relevant law, applied…

Read More Gender Discrimination Dismissal Affirmed; Court Cites Lack of Discriminatory Comments and Equivalent Treatment to Males
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In Murphy v. City of Newburgh, 2019 WL 4855691 (2d Cir. Oct. 2, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. While plaintiff did complain of certain treatment, her complaints did not amount to legally-actionable “protected activity.” The court…

Read More 2d Circuit Affirms Dismissal of Title VII Retaliation Claim; Disconnect From Gender Means No “Protected Activity”
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In Akinde v. NYC Health & Hospital Corp. et al, 16-cv-8882, 2019 WL 4392959 (S.D.N.Y. Sept. 13, 2019), the court held, inter alia, that plaintiff sufficiently alleged discrimination and retaliation under Title VII of the Civil Rights Act and the Americans with Disabilities Act. Judge Woods summarized the relevant legal standard(s):[1]Paragraphing added. To establish a…

Read More Complaint Sufficiently Alleges Title VII and ADA Discrimination & Retaliation Claims, Court Finds
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In Crookendale v. New York City Health & Hosps. Corp., 2019 NY Slip Op 06446 (App. Div. 1st Dept. Sept. 3, 2019), the court held that plaintiff’s NYC Human Rights Law gender discrimination should not have been dismissed. From the decision: The motion court should not have dismissed the claim of gender discrimination while sustaining…

Read More NYCHRL Gender Discrimination Claim Should Not Have Been Dismissed, 1st Department Holds
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Retaliation, in the employment discrimination context, has a very specific meaning – namely, subjecting an employee to one or more “adverse employment actions” because the employee engaged in “protected activity.” Frequently, retaliation occurs during the course of employment. But what about retaliation after the employee has left the employer? Courts recognize that “Title VII prohibits…

Read More Post-Employment Retaliation; “Blacklisting”
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