Retaliation Sufficiently Alleged

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In O’Rourke v. National Foreign Trade Council, No. 10104, 156502/16, 2019 N.Y. Slip Op. 07489, 2019 WL 5232866 (N.Y.A.D. 1 Dept., Oct. 17, 2019), the court unanimously affirmed the lower court’s decision (by Supreme Court judge Alan Marin) to deny defendant’s motion to dismiss for gender discrimination and retaliation under the New York City Human…

Read More City HRL Retaliation Claim Stated; Court Cites Threat to “Make the Situation Worse” For Plaintiff if She Continued to Complain
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In Akinde v. NYC Health & Hospital Corp. et al, 16-cv-8882, 2019 WL 4392959 (S.D.N.Y. Sept. 13, 2019), the court held, inter alia, that plaintiff sufficiently alleged discrimination and retaliation under Title VII of the Civil Rights Act and the Americans with Disabilities Act. Judge Woods summarized the relevant legal standard(s):[1]Paragraphing added. To establish a…

Read More Complaint Sufficiently Alleges Title VII and ADA Discrimination & Retaliation Claims, Court Finds
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In Osuan v. City of New York et al, 2019 WL 2544866, at *4 (S.D.N.Y. June 20, 2019), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of retaliation under 42 U.S.C. 1981. From the decision: Here, Osuan lodged a complaint with human resources about Martin’s behavior and was terminated without explanation only…

Read More Section 1981 Retaliation Claim Sufficiently Alleged; Termination Two Weeks After HR Complaint Plausibly Indicated Causation
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In a recent case, Aguilar v. Struhl-Nasjletti, 2018 NY Slip Op 32410(U) (NY Sup. Ct. Bx. Cty Index 0023250/2016 May 18, 2018), the court held, inter alia, that plaintiff guidance counselor sufficiently alleged a retaliation claim under the New York City Human Rights Law. In sum, plaintiff alleged that after filing a lawsuit in 2012 accusing…

Read More Retaliation Claim Sufficiently Alleged Against Principal Under the NYC Human Rights Law
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In Ivankovskaya v. Metro. Transportation Auth. Bus Co., No. 15-cv-5727, 2017 WL 3328166 (E.D.N.Y. Aug. 3, 2017), the court held that plaintiff sufficiently alleged a retaliation claim under the Americans with Disabilities Act (ADA).[1]I addressed this decision’s resolution of plaintiff’s hostile work environment and disability discrimination claims, respectively, here and here. Plaintiff worked as a…

Read More ADA Retaliation Claim Survives Dismissal
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In Falcon v. City University of New York, 15-cv-3421, 2017 WL 2982980, (E.D.N.Y. July 10, 2017), the court held that plaintiff sufficiently alleged a claim of retaliation under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has alleged sufficient facts to survive 12(b)(6) scrutiny regarding retaliation against her internal complaint…

Read More Title VII Retaliation Claim, Based on Internal/Informal Complaint, Survives Dismissal
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