Retaliation Sufficiently Alleged

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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 Wu v. Wunderkind Corp., No. 155165/2023, 2024 WL 4307855 (N.Y. Sup Ct, New York County Sep. 26, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation asserted under the New York State and City Human Rights Laws. From the decision: The branch of defendant’s motion to dismiss plaintiff’s retaliation claims under…

Read More Retaliation Claims Sufficiently Alleged; Termination Occurred Day After HR Contact
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In Cruz v. Local 32BJ and Harvard Maintenance, Inc., 22 Civ. 3068 (PGG) (SDA), 2024 WL 4357036 (S.D.N.Y. Sept. 30, 2024), the court denied defendant’s motion to dismiss plaintiff’s claims of retaliation under Remove term: 42 USC § 1981, the New York State Human Rights Law, and the New York City Human Rights Law. From…

Read More Retaliation Claim, Based on 9-Day Gap Between Protected Activity and Adverse Action, Plausibly Alleged
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In Espinoza v. CGJC Holdings LLC d/b/a Joe and Pat’s Pizzeria and Restaurant et al, 23cv9133 (DLC), 2024 WL 3520662 (S.D.N.Y. July 23, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, and the New York State and City Human…

Read More Retaliation Claims, Predicated on Sexual Harassment Complaint, Survive Dismissal
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In Thompson v. Shutterstock, Inc. et al, 23-CV-4155 (JGLC), 2024 WL 2943813 (S.D.N.Y. June 10, 2024), the court, inter alia, denied defendant Shutterstock’s motion to dismiss plaintiff’s claim of retaliation asserted under 42 USC § 1981. Here, plaintiff based his retaliation claim on comments alleged to have been made by Shutterstock’s chief HR officer (Garfield)…

Read More Retaliation Claim, Under 42 USC § 1981, Sufficiently Alleged Against Shutterstock
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In Trotter v. National Football League, 23-cv-8055 (JSR), 2024 WL 2952637 (S.D.N.Y. June 12, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of retaliation asserted under 42 USC § 1981. From the decision: The sufficiency of Trotter’s retaliation claim turns on whether he has adequately alleged that he engaged in some protected…

Read More Retaliation Claim Sufficiently Alleged Against NFL, Court Finds
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In Zano v. Denis R. McDonough, Secretary of Veterans Affairs, Civil Action No. 22-2748 (RBW), 2024 WL 2699976 (D.D.C. May 24, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation asserted under Title VII of the Civil Rights Act of 1964. The court discussed and applied the elements of such…

Read More Department of Veterans Affairs Employee Sufficiently Alleges Retaliation Under Title VII, Court Holds
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In Goldberg v. Bespoke Real Estate LLC, et al, 23-CV-5614 (JPO), 2024 WL 1256006 (S.D.N.Y. March 25, 2024), 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: The Goldberg Plaintiffs also assert a claim of unlawful retaliation under Section 1981 based on Goldberg’s opposition…

Read More Retaliation Claim Sufficiently Alleged; Communication of Discrimination Allegation Through Counsel Constituted “Protected Activity”
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In Moore v. Pegasus Steel, LLC, Case No. 2:22-cv-3096-RMG, 2024 WL 277779 (D.S.C. Jan. 25, 2024), the court, inter alia, adopted a Magistrate’s Report & Recommendation to deny defendant’s partial motion to dismiss plaintiff’s retaliation claim. From the decision: To establish a prima facie case of retaliation, a plaintiff must show “(1) engagement in a…

Read More Retaliation Claim Survives Dismissal; Court Cites Threat of Termination if Plaintiff Did Not Sign “Inaccurate” Disciplinary Forms
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In Seemungal v New York State Department of Financial Services, No. 1087, 151495/21, 2022-02913, 2023 N.Y. Slip Op. 06341, 2023 WL 8587657 (N.Y.A.D. 1 Dept., Dec. 12, 2023), the court – citing the “liberal construction” which must be applied to pleadings when ruling on a motion to dismiss – reversed a lower court’s dismissal of…

Read More Sex Discrimination, Retaliation Claims Resurrected From Dismissal in Suit Against NYS Dept. of Financial Services
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