D Motion for Summary Judgment Denied (Retaliation)

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In Ramirez v. City of New York, No. 24-CV-1061 (AS), 2026 WL 18678 (S.D.N.Y. Jan. 2, 2026), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s retaliation (but not disability discrimination) claim under the Rehabilitation Act. From the decision: The test for retaliation under the Rehabilitation Act has four parts: (1) the…

Read More Retaliation Claim, Based on Denial of Accommodations Following Filing of Lawsuit, Survives Summary Judgment
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In Swanson v. Chapman, No. CV 24-1622, 2025 WL 3153389 (W.D. Pa. Nov. 12, 2025), the court denied defendants’ motion for summary judgment on plaintiff’s claim of retaliation asserted under Title VII of Civil Rights Act of 1964. From the decision: To establish a prima facie case of retaliation under Title VII, a plaintiff must…

Read More Title VII Retaliation Claim Survives Summary Judgment; Questioning Pace of Sexual Harassment Investigation Constituted “Protected Activity”
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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 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 Kapllanaj v. Healthfirst PHSP, Inc., No. 152720/2021, 2025 WL 1707852 (N.Y. Sup Ct, New York County June 17, 2025), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. From the decision: The branch of the motion for summary…

Read More Retaliation Claims Against Healthfirst Survive Summary Judgment
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In Schoenadel v. YouGov America Inc., 22-cv-10236 (AS), 2025 WL 371089 (S.D.N.Y. Feb. 3, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s retaliation claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. Here held the…

Read More Retaliation Claims Survive Summary Judgment; Adverse Actions Included Exclusion From Meetings
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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 De Longchamp v. Equinox Holdings Co., Inc., No. 153431/2021 (N.Y. Sup Ct, New York County Sep. 04, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of retaliation against defendant Equinox under the New York State Human Rights Law. From the decision: Plaintiff has, however, met his de minimis…

Read More Retaliation Claim Survives Summary Judgment Against Equinox
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In Harlow v. Molina Healthcare, Inc., 5:20-CV-1382, 2024 WL 1126736 (N.D.N.Y. March 15, 2024), the court, inter alia, denied defendant’s motion for summary judgment on her retaliation claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. After summarizing the “black letter” law, the court…

Read More Retaliation Claim Survives Summary Judgment; Termination Followed Sexual Harassment Complaint
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In Phillips v. Fashion Institute of Technology et al, No. 23-375-cv, 2024 WL 1005500 (2d Cir. March 8, 2024), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated a lower court’s summary judgment on her retaliatory hostile work environment claims against an individual defendant who, according to plaintiff, threatened to “kill” her.…

Read More 2nd Circuit Vacates Dismissal of Black FIT Employee’s Retaliatory Hostile Work Environment Claims
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