Retaliation

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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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In Triana v. Sodexo, Inc., 2018 WL 6413151, at *7 (S.D.N.Y., 2018), the court, inter alia, dismissed plaintiff’s First Amendment retaliation claim.  The court provides the following summary of the relevant law: Where a plaintiff claims that he or she was retaliated against in violation of the First Amendment, he or she must demonstrate that “(1)…

Read More First Amendment Retaliation Claim Dismissed
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From Coyle v. College of Westchester, Inc., 2018 NY Slip Op 07699, 2018 NY Slip Op 07699 (App. Div. 2d Dept. Nov. 14, 2014): We agree with the Supreme Court’s determination to grant that branch of the defendants’ motion which was to dismiss the cause of action alleging violation of Labor Law § 740, commonly known as…

Read More Court Affirms Dismissal of Labor Law 740 Whistleblower Law Claim
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In Mazzeo v. Mnuchin, 17-cv-2686, 2018 WL 4492847 (2d Cir. Sept. 19, 2018) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s retaliation claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Rehabilitation Act. The court summarized the law: In order to…

Read More Retaliation Claim Properly Dismissed Against IRS; Disciplinary Threat Was Not an “Adverse Employment Action”
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In Byfield-Aboagye v New York City Dept. of Educ., 2018 NY Slip Op 32644(U) (NY Sup. Ct. NY Cty. Index 158036/2016 Oct. 10, 2018), the court dismissed plaintiff’s (a probationary principal) discrimination and retaliation claims – specifically, by denying her Article 78 petition seeking reinstatement. From the decision: Petitioner speculates that discrimination may have played a role in…

Read More Probationary Principal’s Discrimination Claims Rejected
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In Mauze v. CBS Corporation, 15-CV-4905, 2018 WL 5115564 (E.D.N.Y., 2018), the court, inter alia, denied defendant’s motion for summary judgment as to her retaliation claims. In reaching this conclusion, the court explained: [Plaintiff] has … established a sufficient causal connection between her engagement in protected activity and her termination. See Gordon v. NYC Bd.…

Read More Retaliation, But Not Discrimination, Claims Survive Summary Judgment Against CBS
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