Retaliation Sufficiently Alleged

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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In Herskowitz v State, No. 1226, 153247/22, 2023-00700, 2023 N.Y. Slip Op. 06808, 2023 WL 8939015 (N.Y.A.D. 1 Dept., Dec. 28, 2023), the NY Appellate Division, First Department, reinstated the plaintiff’s claim of retaliation asserted under the New York State Human Rights Law. The court summarized the black-letter law as follows: In order to state…

Read More Court Revives Retaliation Claim Arising Out of Corroboration of Sexual Harassment Against Former Governor Cuomo
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In Bethea, Diamin v. Winfield Security Corporation, 23 Civ. 922 (AT), 2023 WL 8650004 (S.D.N.Y. Dec. 14, 2023), the court, inter alia, denied defendant’s motion for judgment on the pleadings (under Federal Rule of Civil Procedure 12(c)) on plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, the New York…

Read More Retaliation Claims, Arising From Removal From Schedule Shortly After Pregnancy Accommodation Request, Sufficiently Alleged
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In Byfield v. New York City Department of Education, 22 Civ. 5869 (KPF), 2023 WL 8435183 (S.D.N.Y. Dec. 5, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation asserted under the Americans with Disabilities Act and the Rehabilitation Act. From the decision: As an initial matter, Plaintiff plausibly alleges the…

Read More Retaliation Claims Sufficiently Alleged; Payroll Deductions Followed Remote Work Request
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In Russell-Webster v. Gina Raimondo, Secretary of the United States Department of Commerce, Case No. CIV-22-1074-D, 2023 WL 8358562 (W.D.Okla. Dec. 1, 2023), the court, inter alia, held that plaintiff adequately stated a plausible retaliation claim under Title VII of the Civil Rights Act of 1964. The court explained: To state a prima facie case…

Read More Title VII Retaliation Claim, Based on Oral Discrimination Complaint, Sufficiently Alleged
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In Roper, Kamala v. The City of New York, Frantz Souffrant, Joseph Antonio, No. 528198/2022, 2023 N.Y. Slip Op. 51299(U), 2023 WL 8247927 (Sup Ct, Nov. 28, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. From the decision: To state a…

Read More NYPD Officer’s Retaliation Claims, Arising From Command Disciplines Etc. Following Complaint of Discrimination, Survive Dismissal
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In Anil v. The City of New York, No. 157736/2022, 2023 WL 7130790 (N.Y. Sup Ct, New York County Oct. 23, 2023), the court, inter alia, held that plaintiff sufficiently alleged age discrimination and retaliation under the New York State and City Human Rights Laws. As to plaintiff’s state law claim, the court explained: Plaintiff…

Read More Age Discrimination Claims, Based on Alleged Millennial Hiring Preference and Promotion of Less Experienced Younger Co-Workers, Survive Dismissal
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In Perez v Y & M Transportation Corporation, No. 2021-02890, 518884/20, 2023 N.Y. Slip Op. 04675, 2023 WL 6134310 (N.Y.A.D. 2 Dept., Sep. 20, 2023), the Second Department affirmed the denial of defendants’ motion to dismiss plaintiff’s discrimination, hostile work environment, and retaliation claims in violation of the New York City Human Rights Law. While…

Read More Race, Perceived Disability Discrimination Claims Sufficiently Alleged Under NYC Human Rights Law
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In Beny v. University of Michigan Board of Regents, No. 22-12021, 2023 WL 4409107 (E.D.Mich. July 7, 2023), the court, inter alia, denied the defendant’s motion to dismiss plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964 and the Elliot-Larsen Civil Rights Act (ELCRA). The court summarized the well-settled elements…

Read More Retaliation Claims Survive Against Michigan Board of Regents
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