D Motion to Dismiss Denied (Retaliation)

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In Ophir v. Koneksa Health Inc., No. 655301/2025, 2026 WL 1472577 (N.Y. Sup. Ct. May 19, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim asserted under New York Labor Law § 740 , finding that such claims were sufficiently alleged. From the decision: Defendants’ motion to dismiss Plaintiff’s New York…

Read More NY Labor Law § 740 Whistleblower Claim, Based on Termination Following Complaint About Spiking Female Employee’s Drink, Survives Dismissal
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In Ophir v. Koneksa Health Inc., No. 655301/2025, 2026 WL 1472577 (N.Y. Sup. Ct. May 19, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws, finding that such claims were sufficiently alleged. From the decision: The retaliation claims under the…

Read More Retaliation Claims Sufficiently Alleged; Termination Followed Complaint Regarding Spiked Drink and Concerns Over Potential Sexual Assault
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In McFarlane v. Community Health Center of Richmond, Inc., No. 25-CV-00410 (NCM) (RML), 2025 WL 3625900 (E.D.N.Y. Dec. 15, 2025), the court denied defendant’s motion for reconsideration of the portion of the court’s December 15, 2025 Order denying defendant’s motion to dismiss plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of…

Read More Title VII Retaliation Claim Sufficiently Alleged; Motion for Reconsideration Denied
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In Mikhail v. Metropolitan Transportation Authority, No. 24-CV-08367 (MMG), 2026 WL 880297 (S.D.N.Y. Mar. 31, 2026), the court denied defendant’s motion to dismiss plaintiff’s national origin discrimination and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff alleges that, of ten managers at his level in his…

Read More Title VII National Origin (Russian) Discrimination, Retaliation Claims Sufficiently Alleged
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In Jane v. Seema Bhansali et al, No. 24-CV-08853 (OEM) (PK), 2026 WL 636672 (E.D.N.Y. Mar. 6, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Title VII provides that “[i]t shall be an unlawful employment practice…

Read More Title VII Retaliation Claim Survives Dismissal; Termination Followed Complaint to Employer About Anti-Transgender Comment
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In Runnels v. State of Kansas, No. 25-1104-EFM-TJJ, 2026 WL 395211 (D. Kan. Feb. 12, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation under Title VII of the Civil Rights Act of 1964. From the decision: To state a case for retaliation under Title VII, a plaintiff must show…

Read More Title VII Retaliation, But Not Race and Sex Discrimination, Claims Sufficiently Alleged
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In Ibrahim v. Marco A. Rubio, No. 1:24-CV-02915 (TNM), 2025 WL 3718637 (D.D.C. Dec. 23, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age discrimination claim asserted under the Age Discrimination in Employment Act (ADEA). From the decision: Ibrahim states a plausible ADEA claim. He is 65 years old. Compl. ¶ 47.…

Read More U.S. Embassy Employee Plausibly Alleges ADEA Age Discrimination Claim, Court Holds
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In McFarlane v. Community Health Center of Richmond, Inc., No. 25-CV-00410 (NCM) (RML), 2025 WL 3625900 (E.D.N.Y. Dec. 15, 2025), the court, inter alia, held that plaintiff sufficiently alleged a retaliation claim under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law, the court applied it to the facts as…

Read More Title VII Retaliation Claim Sufficiently Alleged; Termination Followed Complaints of Racial Discrimination
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In Malkoukian v. Nest Seekers Intern., No. 152981/2023, 2025 WL 3080065 (N.Y. Sup. Ct. Oct. 31, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims under the New York State and City Human Rights Laws. From the decision: Retaliation claims under the City and State Human Rights Laws2 are reviewed under…

Read More Retaliation Claims Sufficiently Alleged; Commission Deprivation Followed Informing CEO of Hostile Work Environment
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In Wallace v. Chris Wright, Secretary of Energy, No. CV 24-2906 (SLS), 2025 WL 3042025 (D.D.C. Oct. 31, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation under the Rehabilitation Act. From the decision: To state a retaliation claim under the Rehabilitation Act, a plaintiff must allege that: “(i) she…

Read More Retaliation Claim Asserted by Department of Energy Employee Survives Dismissal
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