D Motion for Summary Judgment Denied (Retaliation)

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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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In Elgalad v. New York City Department of Education, et al., 2024 WL 621617 (S.D.N.Y. Feb. 14, 2024), the court, inter alia, denied defendants’ motion for summary judgment on his retaliation claims asserted under the New York State and City Human Rights Laws. After summarizing the “black letter” law as to this claim, the court…

Read More Teacher’s Retaliation Claims Survive Summary Judgment, in Part
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In Arkorful v. New York City Department of Education, 18-cv-3455 (NG) (ST), 2024 WL 298999 (E.D.N.Y. Jan. 24, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of retaliation under Title VII of the Civil Rights Act of 1964. The court summarized the black-letter as follows: On a motion for…

Read More Title VII Retaliation Claims Survive Summary Judgement; Adverse Actions, Following Complaints of Discrimination, Included Failure to Investigate OEO Complaints
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In Stanley v. Mount Sinai Health System, Inc. et al, 2023 WL 8355393 (S.D.N.Y. Dec. 1, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s retaliation claims arising from her complaints about race-based comments allegedly made by plaintiff’s supervisor. (The court granted defendants’ motion for summary judgment as to her hostile…

Read More Retaliation Claims, Arising From “Heightened Scrutiny” Following Complaints of Race Discrimination, Survive Summary Judgment
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In Perez v. The City of New York, No. 111768/2011, 2023 WL 8035671 (N.Y. Sup Ct, New York County Nov. 20, 2023), the court, inter alia, denied defendant City of New York’s motion for summary judgment as to plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. From the decision:…

Read More NYPD Officer’s Retaliation Claims Against City of New York Survive Summary Judgement
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In Sanderson v. Leg Apparel LLC et al, No. 1:19-cv-8423-GHW,  (S.D.N.Y. March 31, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of retaliation 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. Specifically,…

Read More Retaliation Claims, Arising From Termination Following Complaints About Sexual Orientation Discrimination, Survive Summary Judgment
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In Temidis v. Intern. Business Machines Corp., No. 156289/2018, 2022 WL 4790484, 2022 N.Y. Slip Op. 33326(U)(N.Y. Sup Ct, New York County Oct. 03, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. The court summarized the facts…

Read More Retaliation Claims, Arising From Complaints of Race Discrimination Against Colleague, Survive Summary Judgment Against IBM
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In Downey v. Monro, Inc., 1:20-CV-1505 (TJM/ML), 2022 WL 17093421 (N.D.N.Y. Nov. 21, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of retaliation. On the issue of pretext, the court explained: Here, Defendant argues that none of the decisionmakers regarding Plaintiff’s termination were aware of any age-based comments that…

Read More Retaliation Claim, Based on Complaints of Age Discrimination, Survives Summary Judgment
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In Edelman v. NYU Langone Health System, 21 Civ. 502 (LGS), 2022 WL 4537972 (S.D.N.Y. Sept. 28, 2022), 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. In reaching its decision, the court applied the well-established McDonnell Douglas burden-shifting analysis…

Read More Retaliation Claim, Arising From Complaint About Sex Discrimination, Survives Summary Judgment Against NYU Langone Health System
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In Kubas v. 331B, LLC d/b/a Rockwell Fitness, No. MJM-20-2456, 2022 WL 4608147 (D.Md. Sept. 30, 2022), the court denied defendant’s motion for summary judgment on plaintiff’s claim that defendant terminated her employment in retaliation for reporting sexual harassment by another employee, in violation of Title VII of the Civil Rights Act of 1964. After finding that…

Read More Title VII Retaliation Claim, Arising From Termination Following Complaints of Sexual Harassment, Survives Summary Judgment Against Maryland Gym
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