Retaliation

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In Malkoukian v. Nest Seekers Intern., No. 152981/2023, 2025 WL 3080065 (N.Y. Sup. Ct. Oct. 31, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims under the New York State and City Human Rights Laws. From the decision: Retaliation claims under the City and State Human Rights Laws2 are reviewed under…

Read More Retaliation Claims Sufficiently Alleged; Commission Deprivation Followed Informing CEO of Hostile Work Environment
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In Anandaraja v. Icahn Sch. of Med. at Mount Sinai, No. 159045/22, 2025 WL 3028707 (N.Y. App. Div. 1 Dept. Oct. 30, 2025), the court ruled on a motion for a protective order under CPLR 3103(a) – specifically as to whether particular questions could be asked during depositions. From the decision: Supreme Court should have…

Read More Court Precludes Deposition Questions as to Dismissed Discrimination Claims
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In Wallace v. Chris Wright, Secretary of Energy, No. CV 24-2906 (SLS), 2025 WL 3042025 (D.D.C. Oct. 31, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation under the Rehabilitation Act. From the decision: To state a retaliation claim under the Rehabilitation Act, a plaintiff must allege that: “(i) she…

Read More Retaliation Claim Asserted by Department of Energy Employee Survives Dismissal
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In King v. Rae Products, No. 1:24-CV-00047, 2025 WL 2983862 (M.D. Tenn. Oct. 22, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of retaliation asserted under Title VII of the Civil Rights Act of 1964. From the decision: To establish a prima facie case of retaliation under Title VII,…

Read More Title VII Retaliation Claim, Based on Exclusion From Pay Increase Following Participation in Sexual Harassment Investigation, Survives Summary Judgment
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In Gehlaut v. New York City Department of Education, No. 24-1741 (2d Cir. 2025), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To state a claim for retaliation under Title VII, “the plaintiff…

Read More Title VII Retaliation Claim Properly Dismissed; Temporal Proximity Not Shown
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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 Dismissal
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In 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 Dismissal
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In 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 Dismissal
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In 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 Claims
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In 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 Applied
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