Retaliation Sufficiently Alleged

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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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In Jones v. CareandWear II, Inc., No. 656428/2020, 75 Misc. 3d 1205(A), 2022 N.Y. Slip Op. 50383(U), 2022 WL 1483791 (N.Y. Sup. Ct. N.Y. Cty. May 10, 2022), the court, inter alia, held that plaintiff sufficiently alleged a claim of retaliatory discharge in violation of New York’s general whistleblowing statute, NY Labor Law § 740.…

Read More Whistleblower (NY Labor Law § 740) Claim, Arising From Discharge Following Complaint of PPE Price-Gouging, Survives Dismissal
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In Mercado v. Mount Pleasant Cottage Union Free School District et al, No. 19-CV-9022 (NSR), 2022 WL 1239689 (S.D.N.Y. April 27, 2022), the court, inter alia, held that plaintiff sufficiently alleged retaliation under Title VII of the Civil Rights Act of 1964 (specifically, the “participation” prong of Title VII’s anti-retaliation clause). The court explained: Defendant…

Read More Title VII Retaliation Claim, Based on Agreement to Serve as a Witness, Sufficiently Alleged
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In Mondelo v. Quinn, Emanuel, Urquhart & Sullivan, LLP et al, 21-cv-02512, 2022 WL 524551 (SDNY Feb. 22, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims, arising from plaintiff’s complaints of discrimination on the basis of his Spanish Ethnicity/Ancestry/National Origin, in violation of 42 U.S.C. § 1981, the New York State…

Read More Retaliation Claim Sufficiently Alleged Against Quinn, Emanuel Law Firm
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In Kalarickal v. Denis McDonough, Secretary, Department of Veterans Affairs, 20-cv-10249, 2021 WL 5112907 (S.D.N.Y. Nov. 3, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim (in one respect). Plaintiff, a former contract employee (radiology technician) who worked for the U.S. Department of Veterans Affairs, asserted various forms of discrimination and…

Read More Retaliation Claim, Arising From Termination Weeks After Discrimination Complaint, Survives Dismissal
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In Arbouin v. Bob’s Discount Furniture, LLC, 20-CV-1893, 2021 WL 4458932 (E.D.N.Y. Sept. 29, 2021), the court, inter alia, held that plaintiff sufficiently (i.e., plausibly) alleged a retaliation claim, arising from her complaints of sexual harassment. Marching through the elements of a retaliation claim, namely, (1) protected activity, (2) adverse employment action, and (3) a…

Read More Retaliation Claim, Arising From Sexual Harassment Complaints, Survives Dismissal
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In Donnelly v. The New York City and Vicinity District Council of the United Brotherhood of Carpenters and Joiners of America et al, 152197/2019, 2021 WL 4494816 (N.Y. Sup Ct, New York County Oct. 01, 2021), the court held that plaintiff sufficiently alleged retaliation under the New York City Human Rights Law. In sum, plaintiff…

Read More Retaliation Claim, Based on Sexual Harassment Complaint, Sufficiently Alleged Under the NYC Human Rights Law
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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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In Hunt v. Consolidated Edison Company of New York, Inc., 18-CV-7262, 2021 WL 3492716 (EDNY Aug. 9, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Acts of 1964 (Title VII) and the New York City Human Rights Law (NYCHRL). While the court…

Read More Retaliation Claims Survive Dismissal Against Con Edison
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