Retaliation

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In Hafizov v. BDO USA, LLP, 22-CV-8853 (JPC) (RWL), 2023 WL 4697312 (S.D.N.Y. July 24, 2023), the court denied plaintiff’s motion to amend their complaint to add a retaliation claim. In a somewhat unique fact pattern, plaintiff alleges retaliation in the form of a deficiency letter sent by defendants’ counsel: Plaintiff’s proposed additional amendment seeks…

Read More Attorney Deficiency Letter Did Not Constitute an “Adverse Employment” Action
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In Claud v. Brown Harris Stevens of Hamptons, LLC, No. 2:18-CV-01390-NRM-ST, 2023 WL 3858677 (E.D.N.Y. June 7, 2023), the court held that plaintiff established unlawful retaliation under 42 U.S.C. § 1981. From the decision: Here, BHSH’s articulated reason for firing Claud was not its actual reason. The termination’s temporal proximity to Claud’s reports of discrimination,…

Read More Real Estate Agent Established Claim of Retaliatory Termination Against Brown Harris Stevens of Hamptons
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In Beny v. University of Michigan Board of Regents, No. 22-12021, 2023 WL 4409107 (E.D.Mich. July 7, 2023), the court, inter alia, denied the defendant’s motion to dismiss plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964 and the Elliot-Larsen Civil Rights Act (ELCRA). The court summarized the well-settled elements…

Read More Retaliation Claims Survive Against Michigan Board of Regents
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In U.S. Equal Employment Opportunity Commission v. Key Management Partners, Inc., 2023 WL 4351337 (D.Md. July 5, 2023), the court granted plaintiff’s motion for a default judgment as to plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Title VII also prohibits an employer from retaliating against…

Read More Retaliation Claim, Based on Firing Shortly After Complaint About Sexual Harassment, Sufficiently Alleged For Default Judgment Purposes
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In Rogoff v. Long Island University, No. 510388/2019, 2023 WL 4365404 (N.Y. Sup Ct, Kings County July 06, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of retaliation asserted under the New York State and City Human Rights Laws. From the decision. Likewise, the record is adequate for plaintiff’s…

Read More Retaliation Claim Survives Summary Judgment; Demotion Closely Followed Complaint of Age Discrimination
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In Baptiste v. The City University of New York et al., 22-CV-2785 (JMF), 2023 WL 4266914 (S.D.N.Y. June 29, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based retaliation claim, asserted under 42 U.S.C. § 1981. Here, plaintiff’s retaliation claim arises out of her termination, which occurred one day after she engaged…

Read More Race-Based Retaliation Claim Survives Dismissal; Termination Occurred One Day After Protected Activity
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In Calixte v. 14 Street Medical, P.C., No. 522952/22, 2023 WL 4083561 (N.Y. Sup Ct, Kings County June 13, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation in violation of the New York State and City Human Rights Laws. From the decision: The third and sixth causes of action…

Read More Retaliation Claims, Based on Alleged Racial Harassment Following Opposition to Wage Calculation, Survive Dismissal
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In Calixte v. 14 Street Medical, P.C., No. 522952/22, 2023 WL 4083561 (N.Y. Sup Ct, Kings County June 13, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of a race-based hostile work environment in violation of the New York State and City Human Rights Laws. From the decision: The second and…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal; Court Cites “Slave” Reference
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In Kocher v. Denis R. McDonough, Secretary of Veterans Affairs, Civil Action No. 22-3808, 2023 WL 3689702 (E.D.Pa. May 26, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. the court held that…

Read More Retaliation Claim, Based on Adverse Actions Following Filing of EEO Complaint, Sufficiently Alleged
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In a recent decision, Briggs v. SCO Family of Services et al, 2023 WL 3589896, (2d Cir. May 23, 2023), the court, inter alia, affirmed the summary judgment dismissal of plaintiff’s retaliation asserted pursuant to Title VII of the Civil Rights Act of 1964. This decision illustrates that a retaliation claim will be undermined where…

Read More Title VII Retaliation Claim Dismissal Affirmed; Adverse Actions Preceded Protected Activity
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