In Clermont v. OTG Concessions Management LLC, 24-cv-6590 (BMC), 2025 WL 2664022 (E.D.N.Y. Sept. 17, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation asserted under 42 U.S.C. § 1981. From the decision: To state a claim for retaliation under Section 1981, a plaintiff must plead: “(i) she engaged in…
Read More Section 1981 Retaliation Claim Survives DismissalIn Garcia v. Westhampton Primary Care, 2:23-cv-4319 (NJC) (ST), 2025 WL 2494357 (E.D.N.Y. Aug. 30, 2025), the court, inter alia, held that plaintiff plausibly alleged claims of hostile work environment under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. The court summarized, and applied, the law…
Read More Hostile Work Environment, Retaliatory Hostile Work Environment Claims Survive DismissalIn Fisher v. Valley Stream Central High School District et al, 2025 WL 2467046 (E.D.N.Y. Aug. 27, 2025), the court, inter alia, held that plaintiff sufficiently stated a cause of action for retaliation under Title VII of the Civil Rights Act of 1964. Specifically, plaintiff alleged that defendants suspended her pay and benefits, in retaliation…
Read More Title VII Retaliation Claim, Based on Complaints About Alleged Excessive Workload Due to Status as Unmarried Woman With Children, Survives DismissalIn Lambert et al v. New Start Capital LLC et al, 1:24-cv-8055-GHW, 2025 WL 2295254 (S.D.N.Y. August 7, 2025), the court addressed a novel legal questions regarding the relatively new Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). In sum, one plaintiff – Lambert, a Black woman – alleges that she was…
Read More SDNY Interprets the EFAA to Apply to Sexual Harassment & Related Wage-and-Hour Claims, But Not to Third Plaintiff’s Claims Unrelated to Sexual Harassment ClaimsIn Hicks v. CEC Entertainment Holdings I, Inc., 2025 WL 1770787 (D.Del. June 26, 2025), the court denied defendant’s motion to dismiss plaintiff’s retaliation claim, premised on the plaintiff’s termination following her complaint about alleged wrongful activities by her immediate supervisor, including sexual harassment of female employees. Specifically, the court held that plaintiff’s claims fell…
Read More Retaliation Claim, Arising From Termination Following Complaint of Sexual Harassment, Survives Dismissal; EFAA AppliedIn Carrasco v. Metropolitan Transit Authority, 2025 WL 1939052 (S.D.N.Y., July 15, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation asserted under the New York Labor Law. The court summarized, and applied, the law as follows: A plaintiff alleging retaliation under the NYLL must first show “(1) [plaintiff’s] participation…
Read More NY Labor Law Retaliation Claim Survives DismissalIn Emilio Garcia v. ROC Nation LLC et al, 1:24-cv-7587-GHW, 2025 WL 1865965 (S.D.N.Y. July 2, 2025), the court, inter alia, held that plaintiff – a cameraman working in rapper Megan Thee Stallion’s (a/k/a Megan Pete) entourage – sufficiently alleged sexual orientation-based discrimination/hostile work environment. The court summarized the facts, in pertinent part, as follows:…
Read More Megan Thee Stallion Cameraman Plausibly Alleges Sexual Orientation-Based Hostile Work Environment, Court HoldsIn Farmer v. Mizuho Securities USA LLC, No. 151348/2024, 2025 WL 1786172 (N.Y. Sup Ct, New York County June 25, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s allegations of retaliation under the New York State and City Human Rights Laws. From the decision: Plaintiff alleged that in early December 2020 and…
Read More Retaliation Claims Survive Dismissal, Allegations Included Acceptance of “Resignation” Following Complaints of “Sexist Attitude” Under NYS and NYC Human Rights LawsIn Anderson v. The City of New York, No. 155791/2023, 2025 WL 1756499 (N.Y. Sup Ct, New York County June 25, 2025), the court, inter alia, plaintiff did not state a cause of action for retaliation under the New York City Human Rights Law. From the decision: In his second cause of action, plaintiff brings…
Read More Retaliation Claim Dismissed; Complying With Drug Screening Was Not “Protected Activity” Under The NYC Human Rights LawIn Winfrey v. The City of New York, No. 160719/2024, 2025 WL 1446806 (N.Y. Sup Ct, New York County May 20, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of race discrimination under the New York State and City Human Rights Laws. From the decision: To plead a prima facie case…
Read More Race Discrimination Claims Dismissed; Alleged Alcohol Consumption on Duty, Rather Than Race, Was Basis For Termination