Protected Activity

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In Newton v. LVMH Moet Hennessy Louis Vuitton Inc. et al, No. 23-CV-10753 (LAP), 2024 WL 3925757 (S.D.N.Y. Aug. 23, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Focusing only on allegations that occurred after July…

Read More Title VII Retaliation Claim Dismissed; Refusal to Meet About Settlement of Legal Claims Was Not “Protected Activity”
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In Brunt-Piehler v. Absolute Software, Inc. et al, 6:16-CV-06313 EAW, 2024 WL 3765523 (W.D.N.Y. August 13, 2024), the court, inter alia, vacated a jury verdict in plaintiff’s favor on her retaliation claim under the New York State Human Rights Law. This decision is instructive as to the “protected activity” element of a retaliation claim. The…

Read More Retaliation Verdict Vacated, Absent Evidence of “Protected Activity”
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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 Clifton Park Apartments, LLC v. New York State Division of Human Rights, No. 2, 2024 N.Y. Slip Op. 00793, 2024 WL 628036 (N.Y., Feb. 15, 2024), the New York Court of Appeals explained the “protected activity” and “adverse action” elements of a retaliation claim, in the context of a housing discrimination asserted under the…

Read More NY Court of Appeals Clarifies Retaliation Standard Applicable to Housing Discrimination 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 Lazarine v. Allied Universal Event Services, No. 153143/2023, 2023 WL 4546517, 2023 N.Y. Slip Op. 32374(U) (N.Y. Sup Ct, New York County July 14, 2023), the court, inter alia, dismissed plaintiff’s claims of retaliation asserted under the New York State and City Human Rights Laws. From the decision: Counts IV, V, and VIII of…

Read More Retaliation Claims Dismissed Absent Allegation of “Protected Activity”
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In Ahmed v. Christine Wormuth, Secretary, Department of the Army, 2023 WL 2309776 (N.D.Cal., 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. This case illustrates the importance of clearly articulating, in one’s complaint, the “protected activity” at issue: The…

Read More Title VII Retaliation Claim Dismissed; Allegation That Plaintiff “Voiced Concerns,” Without More Detail, Held Insufficient
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In Estevez et al v. Berkeley College et al, 2022 WL 17177971 (S.D.N.Y. Nov. 23, 2022), the court denied defendant’s motion for Rule 11 sanctions, but chastised plaintiff’s counsel for what it perceived as an attempt to mislead the court. Federal Rule of Civil Procedure 11 provides, in part, that an attorney presenting a pleading,…

Read More Court Admonishes Lawyer for Perceived Misrepresentations in Connection With Retaliation Claim
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In Alkins v. Sheriff of Gwinnett County, No. 21-13746, 2022 WL 3582128 (11th Cir. Aug. 22, 2022), the U.S. Court of Appeals for the Eleventh Circuit reversed a lower court’s order granting summary judgment to defendant on plaintiff’s claim of retaliation asserted under Title VII of the Civil Rights Act of 1964. Here, the plaintiff,…

Read More Report of Unwanted Kiss Was “Protected Activity,” Warranting Reversal of Summary Judgment on Retaliation Claim
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In Eckhart v. Fox News Network, LLC and Ed Henry, 20-CV-5593, 2021 WL 4124616 (S.D.N.Y. Sept. 9, 2021), the court, in part, held that plaintiff’s retaliation claim survived dismissal. In her complaint, plaintiff alleges various forms of retaliation: (1) terminating her employment; (2) issuing a press release about alleged harasser Ed Henry’s termination; (3) filing a…

Read More Jennifer Eckhart’s Retaliation Claims Survive Against Fox News, Ed Henry
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