Retaliation Sufficiently Alleged

In Green v. Denis McDonough, Secretary, U.S. Department of Veterans Affairs, 2022 WL 17330852 (W.D.Tex. Nov. 28, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliatory hostile work environment claim. Initially, the court held that plaintiff sufficiently alleged a causal connection between his engaging in protected activity and the alleged harassment. On…

Read More Retaliatory Hostile Work Environment Sufficiently Alleged Against VA
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In Grant v. Baltimore City Police Department, Civil Action No. RDB-21-2173, 2022 WL 16746703 (D.Md. Nov. 7, 2022), the court, inter alia, held that plaintiff sufficiently alleged retaliation under Title VII of the Civil Rights Act of 1964. From the decision: A plaintiff alleging unlawful retaliation must show that there exists a “but-for” connection between…

Read More Retaliation Claim, Arising From Alleged Transfer Denial Following Complaint of Racial Slur, Sufficiently Alleged
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In Lare v. Supreme Maintenance Inc., No. 1:22-cv-00007-WJ, 2022 WL 13821774 (D.N.M. Oct. 21, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s so-called “third party retaliation” claim asserted under Title VII of the Civil Rights Act of 1964. In a somewhat unusual fact pattern, plaintiff asserts that he was terminated after, and…

Read More Husband’s Third-Party Retaliation Claim, Following Wife’s Complaint of Sexual Harassment, Survives Dismissal
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In Cherkasky v. Boyertown Area School District, No. 5:21-cv-5204, 2022 WL 1965899 (E.D.Pa. June 6, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim – even though it dismissed her underlying sex-based discrimination claims. This case is an apt example of how a claim of unlawful “retaliation” may survive under Title…

Read More Retaliation Claims Sufficiently Alleged By Teacher, Despite Dismissal of Underlying Sex-Based Discrimination Claims
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In Syeed et al v. Bloomberg L.P., 1:20-cv-7464-GHW, 2022 WL 3447987 (S.D.N.Y. Aug. 17, 2022), the court, inter alia, denied (in part) defendant’s motion to dismiss plaintiff’s claims of retaliation asserted under the New York State and City Human Rights Laws.[1]The court dismissed plaintiff’s claims asserted under Title VII of the Civil Rights Act of…

Read More Retaliation Claims Sufficiently Alleged, in Part, Against Bloomberg L.P.
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In Walker v. Triborough Bridge and Tunnel Authority, No. 160839/2021, 2022 WL 3227920 (N.Y. Sup Ct, New York County Aug. 09, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of gender- and race-based discrimination and retaliation claims, as well as her claim under the Gender Motivated Violence Act. As to the…

Read More Gender Discrimination, Race Discrimination, Retaliation, and Gender Motivated Violence Act Claims Sufficiently Alleged Against Triborough Bridge & Tunnel Authority
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In Gershenson v. Local 52, No. 151180/2021, 2022 WL 3010192 (N.Y. Sup Ct, New York County July 28, 2022), the court held, inter alia, that plaintiff sufficiently alleged claims of retaliation under the New York State and City Human Rights Laws. (I wrote about the court’s denial of defendants’ motion to dismiss plaintiff’s claims of…

Read More Retaliation Claims Sufficiently Alleged Against Local 52
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In  DeLaRosa v. New York City Department of Education et al, 21-CV-4051 (JPO), 2022 WL 2752589 (S.D.N.Y. July 14, 2022), the court, inter alia, held that plaintiff sufficiently alleged retaliation, arising from complaints of age discrimination, under the Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law, and the New York…

Read More Retaliation Claims, Arising From Complaints of Age Discrimination, Sufficiently Allege Against NYC Dept. of Education
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In Karpaitis v. Mandal’s, Inc., 21-cv-305, 2022 WL 2445004 (S.D. Miss. July 5, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff also alleges that she was terminated for engaging in the protected activity of reporting…

Read More Retaliation Claim, Arising From Sexual Harassment Report, Survives Dismissal
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In Alwan v. Rustic Gem, LLC, 1:21-cv-01508, 2022 WL 1591299 (N.D.Ohio May 18, 2022), the court held that plaintiff sufficiently alleged a unlawful retaliation under Title VII of the Civil Rights Act of 1964 and Ohio law, arising from plaintiff’s complaints of sexual harassment. The court summarized the black-letter law as follows: To make out…

Read More Retaliation Claim, Arising From Complaints of Sexual Harassment, Survives Dismissal
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