Retaliation

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 Qorrolli v. Metropolitan Dental Associates, 2024 WL 5194887 (2d Cir. Dec. 23, 2024), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the lower court’s award of summary judgment to defendant on plaintiff’s claims of retaliation, on the ground that plaintiff did not engage in “protected activity.” From the decision: Finally,…

Read More Rejection of Sexual Advances Did Not Constitute “Protected Activity” For Retaliation Claim, 2nd Circuit Holds
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In Jordan v. City of New York, 23cv4962 (DLC), 2024 WL 4872186 (S.D.N.Y. November 22, 2024), the court held/confirmed that requesting a “reasonable accommodation” is not “protected activity” in connection with asserting a retaliation claim under the New York State Human Rights Law. From the decision: When deciding a question of state law, federal courts…

Read More Requesting a “Reasonable Accommodation” is Not “Protected Activity” Under the New York State Human Rights Law, SDNY Holds
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In Spiegel v 226 Realty LLC, No. 150371/13, 2023–03102, 2805, 2024 N.Y. Slip Op. 05076, 2024 WL 4486892 (N.Y.A.D. 1 Dept., Oct. 15, 2024), the Appellate Division, First Department, unanimously reversed the lower court’s award of summary judgment to defendants on plaintiff’s whistleblower claim under New York Labor Law § 740. Specifically, the court held that…

Read More First Department Reverses Dismissal of NY Labor Law § 740 Whistleblower Claim; Statute Applied Retroactively
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In Alford v. Wonderland Montessori Academy, LLC, 2024 WL 4354711 (N.D.Tex. Sept. 30, 2024), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of retaliation under Title VII of the Civil Rights Act of 1964. From the decision: Alford alleges that she engaged in protected activity “in reporting discrimination by Defendant’s…

Read More Retaliation Claims Dismissed; Furlough Occurred Five Months After Protected Activity
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In Frey v. Northern Soy, Inc. et al, Case # 23-CV-6198-FPG, 2024 WL 4373767 (W.D.N.Y. Oct. 2, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims. From the decision: Title VII, NYSHRL, and ADA Retaliation Claims Plaintiff alleges that her termination was retaliation for her complaints about sex and disability discrimination,…

Read More Retaliation Claims Sufficiently Alleged; Termination Closely Followed Complaints of Sex and Disability Discrimination
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In Hussain v. The City of New York, No. 159834/2022, 2024 WL 4100982 (N.Y. Sup Ct, New York County Sep. 06, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims asserted under the New York City Human Rights Law. From the decision: Defendants move to dismiss plaintiff’s retaliation claims. Under the…

Read More Retaliation Claims, Arising From Religious Discrimination Complaint, Sufficiently Alleged
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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 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 Mitchell v. Planned Parenthood of Greater New York, Inc. et al, Case No. 1:23-cv-01932 (JLR), 2024 WL 3849192 (S.D.N.Y. August 16, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA). The court…

Read More Title VII and ADA Retaliation Claims Survive Against Planned Parenthood
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