Retaliation

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In Karpaitis v. Mandal’s, Inc., 21-cv-305, 2022 WL 2445004 (S.D. Miss. July 5, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff also alleges that she was terminated for engaging in the protected activity of reporting…

Read More Retaliation Claim, Arising From Sexual Harassment Report, Survives Dismissal
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In Valentia Villetti, Faiza Jibril, M.D. v. Guidepoint Global LLC, 21-2059-cv, 2022 WL 2525662 (2d Cir. July 7, 2022), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the lower court’s summary judgment on plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, the New York State…

Read More Retaliation Claims Survive Summary Judgment; Court Cites Temporal Proximity Between Complaints and Termination and Inconsistent Explanations For Termination
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In Alwan v. Rustic Gem, LLC, 1:21-cv-01508, 2022 WL 1591299 (N.D.Ohio May 18, 2022), the court held that plaintiff sufficiently alleged a unlawful retaliation under Title VII of the Civil Rights Act of 1964 and Ohio law, arising from plaintiff’s complaints of sexual harassment. The court summarized the black-letter law as follows: To make out…

Read More Retaliation Claim, Arising From Complaints of Sexual Harassment, Survives Dismissal
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In Park v. Kurtosys Sys., Inc., 2022 NY Slip Op 04129 (N.Y. App. Div. 1st Dept. June 28, 2022), the court unanimously affirmed the lower court’s (Judge Kotler) order granting defendants’ motion for summary judgment dismissing plaintiff’s complaint alleging discrimination and retaliation under the New York State and City Human Rights Laws. From the decision:…

Read More Gender Discrimination Dismissal Affirmed; Court Held That Poor Performance Was a Legitimate, Nondiscriminatory, Non-Pretextual Reason for Termination
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In Denson v. Donald J. Trump for President, Inc., 2022 NY Slip Op 03986 (N.Y. App. Div. 1st Dept. June 21, 2022), the Appellate Division, First Department affirmed the denial of plaintiff’s motion for partial summary judgment on her claim of retaliation under the New York City Human Rights Law. From the decision: The record…

Read More Dismissal of Retaliation Claim Against Trump Campaign Affirmed
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In Morales v. Supreme Maintenance Inc. et al, No. 1:21-cv-01044-KWR-JHR, 2022 WL 2290605 (D.N.M. June 24, 2022), the court denied defendant’s motion to dismiss plaintiff’s sexual harassment and retaliation claims. As to plaintiff’s retaliation claim, the court explained: Here, Plaintiff alleges that she engaged in protected activity by opposing sexual harassment by an employee at…

Read More Sexual Harassment, Retaliation Claims Survive Dismissal; Complaint Alleged Harassment by Non-Employee
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In Seemungal v. New York State Dept. of Financial Services, No. 151495/2021, 2022 WL 2191380 (N.Y. Sup Ct, New York County June 17, 2022), the court dismissed plaintiff’s claims for sex discrimination, retaliation, and hostile work environment under the New York State Human Rights Law. As to plaintiff’s discrimination claim, the court explained: As an…

Read More Sex Discrimination Claims Dismissed Against NYS Department of Financial Services
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In Pittman v. Yantiss et al, No. 151274/2020, 2022 WL 2238886 (N.Y. Sup Ct, New York County June 15, 2022), the court, inter alia, denied defendants’ motion to dismiss her claims of retaliation in violation of the New York State and City Human Rights Laws. (I addressed the court’s decision denying defendants’ motion to dismiss…

Read More Retaliation Claim Sufficiently Alleged: Pittman v. Yantiss et al
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In Oliver v. Penny, 2022 WL 2165814 (2d Cir. June 16, 2022), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s First Amendment retaliation claim. From the decision: Oliver argues that she engaged in protected speech by reporting sex discrimination and harassment and was retaliated against for doing so. But personal grievances, such as…

Read More First Amendment Retaliation Claim Properly Dismissed; Complaints of Sex Discrimination Etc. Were Not “Matters of Public Concern”
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In Ilana Gamza-Machado de Souza v. Planned Parenthood Federation of America, Inc. et al, 21 Civ. 5553 (LGS), 2022 WL 2047580 (S.D.N.Y. June 7, 2022), the court held that plaintiff, a Jewish woman, plausibly alleged retaliation claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and…

Read More Jewish Woman Sufficiently Alleges Retaliation Against Planned Parenthood
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