Retaliation

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In Montes v. City of New York, No. 158272/2023, 2025 WL 290440 (N.Y. Sup Ct, New York County Jan. 21, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim asserted under the New York City Human Rights Law. From the decision: “Under [NYCHRL], it is unlawful to retaliate against an employee…

Read More Retaliation Claim Sufficiently Alleged; Threats of Termination Followed Request for Disability Accommodation
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In James v. Disney Studios Content, No. 159201/2022, 2025 WL 257207 (N.Y. Sup Ct, New York County Jan. 21, 2025), the court denied defendant’s motion to dismiss plaintiff’s claim of retaliation under the New York State and City Human Rights Laws, on the ground that the court lacks subject matter jurisdiction pursuant to CPLR 3211(a)(2).…

Read More Disney Actor’s Discrimination Claim Survives Dismissal; Court Explains NYS and NYC Human Rights Laws’ “Impact Test”
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In Berrios v. Rose Associates, Inc., No. 652417/2021, 2024 WL 5182598 (N.Y. Sup Ct, New York County Dec. 19, 2024), a housing discrimination case, the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of retaliation asserted under the New York State and City Human Rights Laws. From the decision: To prove…

Read More Retaliation Claims, Based on Issues With Repair and Service Following Complaint About Super’s Alleged Discriminatory Comment, Survives Summary Judgment
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In Qorrolli v. Metropolitan Dental Associates, 2024 WL 5194887 (2d Cir. Dec. 23, 2024), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the lower court’s award of summary judgment to defendant on plaintiff’s claims of retaliation, on the ground that plaintiff did not engage in “protected activity.” From the decision: Finally,…

Read More Rejection of Sexual Advances Did Not Constitute “Protected Activity” For Retaliation Claim, 2nd Circuit Holds
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In McConaughey v. Port Authority of New York and New Jersey, 21-CV-6137 (RA), 2024 WL 5168018 (S.D.N.Y. Dec. 18, 2024), the court denied defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: McConaughey alleges that he…

Read More Title VII Sex-Based Hostile Work Environment, Retaliation Claims Survive Summary Judgment Against Port Authority
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In Crump v. City of New York, No. 155802/2013, 2024 WL 4957329 (N.Y. Sup Ct, New York County Nov. 30, 2024), the court, inter alia, dismissed plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: Defendants have demonstrated that the conduct at issue was not…

Read More Hostile Work Environment Claims Dismissed; Alleged Joking About Accent Held Insufficient
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In Jordan v. City of New York, 23cv4962 (DLC), 2024 WL 4872186 (S.D.N.Y. November 22, 2024), the court held/confirmed that requesting a “reasonable accommodation” is not “protected activity” in connection with asserting a retaliation claim under the New York State Human Rights Law. From the decision: When deciding a question of state law, federal courts…

Read More Requesting a “Reasonable Accommodation” is Not “Protected Activity” Under the New York State Human Rights Law, SDNY Holds
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In U.S. Equal Employment Opportunity Commission v. Council for Advancement of Social Services and Education, 2024 WL 4479882 (W.D.La. Oct. 10, 2024), the court, inter alia, held that the plaintiff sufficiently alleged a claim of retaliation under Title VII of the Civil Rights Act of 1964. After concluding that plaintiff sufficiently alleged a claim of race discrimination,…

Read More Title VII Retaliation Claim Sufficiently Alleged; Unpaid Leave Followed Complaint By One Hour
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In Spiegel v 226 Realty LLC, No. 150371/13, 2023–03102, 2805, 2024 N.Y. Slip Op. 05076, 2024 WL 4486892 (N.Y.A.D. 1 Dept., Oct. 15, 2024), the Appellate Division, First Department, unanimously reversed the lower court’s award of summary judgment to defendants on plaintiff’s whistleblower claim under New York Labor Law § 740. Specifically, the court held that…

Read More First Department Reverses Dismissal of NY Labor Law § 740 Whistleblower Claim; Statute Applied Retroactively
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In Alford v. Wonderland Montessori Academy, LLC, 2024 WL 4354711 (N.D.Tex. Sept. 30, 2024), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of retaliation under Title VII of the Civil Rights Act of 1964. From the decision: Alford alleges that she engaged in protected activity “in reporting discrimination by Defendant’s…

Read More Retaliation Claims Dismissed; Furlough Occurred Five Months After Protected Activity
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