Retaliation

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In Burgos v. City of New York, 2019 WL 1299461, at *10–11 (S.D.N.Y., 2019), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim – though it did dismiss his claims of discrimination based on his race (Hispanic) and religion (Islam). The court held that plaintiff sufficiently alleged the existence of one or…

Read More Sanitation Worker’s Title VII Retaliation Claim Survives Dismissal Against the City of New York
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In Matter of Romero v. DHL Holdings (USA) Inc., 2019 NY Slip Op 00936 (App. Div. 1st Dept. Feb. 7, 2019), the court affirmed the decision of the Workers’ Compensation Board’s determination that the claimant was discharged for cause, and not in violation of the Workers’ Compensation Law. The court summarized the law: Workers’ Compensation Law…

Read More Workers’ Compensation Retaliatory Discharge Claim Dismissal Affirmed
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In Cubelo v. City of New York, 2019 NY Slip Op 00689 (App. Div. 1st Dept. Jan. 31, 2019), the court affirmed the dismissal of plaintiff’s discrimination and retaliation claims. Plaintiff – who was born in Spain – alleged that he was “passed over for several promotions in his employment as a civil engineer with…

Read More Court Affirms Dismissal of Engineer’s Discrimination and Retaliation Claims
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In Sims v Trustees of Columbia University, No. 156566/13, 8262, 2019 N.Y. Slip Op. 00672, 2019 WL 385366 (N.Y.A.D. 1 Dept., Jan. 31, 2019), the Appellate Division, First Department held that the lower court properly dismissed plaintiff’s discrimination and retaliation, but not plaintiff’s hostile work environment, claims. As to plaintiff’s hostile work environment claims, the court…

Read More “Bubbles” Chimp Hostile Work Environment Claim Resurrected From Summary Judgment Dismissal
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In Clark v. Allen & Overy LLP, 2019 NY Slip Op 30146(U) ,Index No. 453138/2017 (Sup. Ct. NY Cty. Jan. 16, 2019) – an employment discrimination case including allegations of retaliatory discharge and sexual harassment (among many others) – the court dismissed, inter alia, dismissed plaintiff’s “breach of attorney client privilege” claim. Plaintiff claimed that “while working with…

Read More Court: No Cause of Action for “Breach of Attorney Client Privilege”
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From Deutsch v. City of New York Dept. of Envtl. Protection, 2019 NY Slip Op 30063(U), Index 161139/2017 (NY Sup. Ct. NY Cty. Jan. 7, 2019): Furthermore, none of the complaint allegations suggest that plaintiff complained about something that his employer was doing that would fall into the category of creating and presenting a danger to the public health…

Read More Whistleblower (Labor Law 740) Claim Dismissed Against NYC DEP
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From Plotzker v. Kips Bay Anesthesia, P.C., 745 Fed.Appx. 436, 437–38 (C.A.2 (N.Y.), 2018) (Summary Order): After reviewing the record de novo, we agree with the District Court that there is no genuine dispute of material fact with respect to at least one element of Plotzker’s retaliation claim, namely, that his employer was aware of his…

Read More Dismissal of Retaliation Claim Affirmed; Employer Unaware of Protected Activity
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In Schmitt v Artforum Intl. Mag., Inc., 2018 NY Slip Op 33345(U) (Sup. Ct. NY Cty. Dec. 20, 2018), the court (inter alia) dismissed plaintiff’s retaliation claim under teh NYC Human Rights Law. In sum, plaintiff alleges retaliation by both defendants a violation of the New York City Human Rights Law [Administrative Code of the City…

Read More Retaliation Claim Under NYC Human Rights Law Insufficiently Pled
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In Rivas v. New York State Lottery, 2018 WL 6656390 (2d Cir. Dec. 18, 2018) (Summary Order), the court (inter alia) affirmed the dismissal of plaintiff’s retaliation claim. What makes this case arguably somewhat unique is that the alleged retaliation occurred after plaintiff left defendant’s employment. From the Order: The District Court did not err in…

Read More Post-Termination Retaliation Claim Dismissal Affirmed
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In Cook v. EmblemHealth Servs. Co., LLC, 2018 NY Slip Op 08433 (App. Div. 1st Dept. Dec. 11, 2018), the First Department unanimously affirmed the denial of defendants’ motion for summary judgment on plaintiff’s retaliation claim under the New York City Human Rights Law. From the decision: The temporal proximity between plaintiff’s complaints to his employer…

Read More Retaliation Claim Continues Against EmblemHealth; Summary Judgment Denial Affirmed
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