Retaliation

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In Wright v. Ad Pepper Media USA, LLC, 2019 NY Slip Op 31898(U), 152538/2015 (Sup. Ct. NY Cty. July 1, 2019), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s retaliation claim under the New York City Human Rights Law. From the decision: Plaintiff claims in his first cause of action that…

Read More Retaliation Claim Survives Summary Judgment; Triable Issues Exist as to Causation
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Recently, the Second Circuit, in Legrand v. Walmart Stores East, LP, 2019 WL 3026881 (2d Cir. July 11, 2019) (Summary Order) held, inter alia, that one plaintiff sufficiently alleged discrimination, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, 42 U.S.C. § 1981,…

Read More Discrimination, Hostile Work Environment Claims (Based on Behind-the-Back Comments) Sufficiently Alleged, Court Holds
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In Taylor v. Metropolitan Transportation Authority, 18-CV-1278, 2019 WL 2766502 (S.D.N.Y. July 2, 2019), the court discussed a common discovery issue in employment discrimination cases, namely, the extent to which a plaintiff may obtain through discovery entity-wide complaints of discrimination. In this case, plaintiff asserts claims of discrimination and retaliation, and specifically that her supervisor…

Read More Court Denies Motion to Compel Discovery of Religious Discrimination Complaints, Pending Supplemental Information Relating to FRCP 26(b)(1) Proportionality
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In Osuan v. City of New York et al, 2019 WL 2544866, at *4 (S.D.N.Y. June 20, 2019), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of retaliation under 42 U.S.C. 1981. From the decision: Here, Osuan lodged a complaint with human resources about Martin’s behavior and was terminated without explanation only…

Read More Section 1981 Retaliation Claim Sufficiently Alleged; Termination Two Weeks After HR Complaint Plausibly Indicated Causation
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In Olivier v. County of Rockland et al, No. 15-CV-8337 (KMK), 2019 WL 2502349 (SDNY June 17, 2019), the court held that plaintiff presented sufficient evidence to overcome defendants’ motion for summary judgment. The court explained the legal standard applicable to the third (“pretext”) step of the three-step burden-shifting framework applicable to Title VII retaliation…

Read More Retaliation Claim Survives Summary Judgment; Court Cites (e.g.) Weaknesses and Inconsistencies in Defendants’ Proffered Non-Retaliatory Reasons
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In Kubersky v. Cameron Indus., Inc., 2019 NY Slip Op 04882 (App. Div. 1st Dept. June 18, 2019), a retaliation case brought under New York Labor Law 215, the court affirmed the denial of defendants’ summary judgment motion on the ground that plaintiff did not provide timely notice to the Attorney General of her action.…

Read More Wage Retaliation Statute’s Attorney General Notice Provision Was Not a Condition Precedent to Suit, First Department Holds
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In Torres v. New York City Dept. of Education, 18-cv-2156, 2019 WL 2124891 (E.D.N.Y. May 15, 2019), the court, inter alia, dismissed plaintiff’s retaliation claim under the New York City Human Rights Law. The court explained that that statute “does not require an adverse employment action and a plaintiff must only provide evidence she was…

Read More Plaintiff Fails to Plead That He Was Treated “Less Well” Because of His Disability; City Law Retaliation Claim Dismissed
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In Gonzalez v. NYU Langone Medical Center, No. 156647/2017, 2019 WL 1975543 (N.Y. Sup Ct, New York County Apr. 29, 2019), the court granted defendant’s CPLR 3211(a)(7) motion to dismiss, for failure to state a claim, plaintiff’s retaliation claims under the New York State and City Human Rights Laws. The court summarized the law as…

Read More Retaliation Claim Dismissed; Assistance With Another’s Hostile Work Environment Claim Did Not Qualify as “Protected Activity”
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In Collymore v. City of New York et al, 18-2099 (2d Cir. April 11, 2019) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the dismissal of plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. Plaintiff alleged, inter alia, that she was the victim of…

Read More Title VII Retaliation Claim Survives Dismissal; Adverse Action Affected Plaintiff’s Health
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