Retaliation

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In Payne v. NYC Fire Dept., No. 150490/2024, 2026 WL 144437 (N.Y. Sup. Ct. Jan. 09, 2026), the court dismissed the petitioner’s Article 78 proceeding seeking to annul the determination of the New York City Fire Department and the City of New York to terminate his probationary employment as a firefighter. As to petitioner’s race…

Read More Probationary Firefighter’s Termination Upheld; Race Discrimination, Retaliation Claims Insufficiently Alleged
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In Goldzweig v. Consolidated Edison Co. of New York, Inc., No. 25-0089-CV, 2026 WL 21005 (2d Cir. Jan. 5, 2026), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the court’s award of summary judgment to defendant on plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964,…

Read More 2nd Circuit Vacates Summary Judgment Dismissal of NYC Human Rights Law Retaliation Claim
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In Thompson v. Foundever, No. 2:24-CV-771-RAH, 2026 WL 25450 (M.D. Ala. Jan. 5, 2026), the court, inter alia, held that plaintiff failed to plead retaliation claims under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA). This decision illustrates the level of specificity courts seek when assessing such…

Read More Retaliation Claims Dismissed; Protected Activity Insufficiently Alleged
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In McFarlane v. Community Health Center of Richmond, Inc., No. 25-CV-00410 (NCM) (RML), 2025 WL 3625900 (E.D.N.Y. Dec. 15, 2025), the court, inter alia, held that plaintiff sufficiently alleged a retaliation claim under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law, the court applied it to the facts as…

Read More Title VII Retaliation Claim Sufficiently Alleged; Termination Followed Complaints of Racial Discrimination
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In Myers v. Doherty, 2025 NY Slip Op 06550 (N.Y. App. Div. 1 Dept. Nov. 25, 2025), the court affirmed the lower court’s order granting defendants’ motion to dismiss plaintiff’s complaint alleging claims of employment discrimination, retaliation, and hostile work environment. From the decision: Plaintiff did not experience an adverse employment action when he was…

Read More Failure to Demonstrate Discriminatory Animus Dooms Discrimination, Retaliation, & Hostile Work Environment Claims, First Department Holds
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Yesterday, New York Governor Hochul signed the Reasonable Accommodation Anti-Retaliation Act (S3398/A4898), which amends the New York State Human Rights Law (specifically, section 296(7) of the New York Executive Law) to clarify that it shall be an unlawful discriminatory practice to retaliate against an individual for requesting a reasonable accommodation. In particular: This bill closes this…

Read More Governor Hochul Signs Reasonable Accommodation Anti-Retaliation Act (S3398/A4898)
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In Scivetti v. Compass Inc. et al, No. 24-CV-3868 (DEH), 2025 WL 3097331 (S.D.N.Y. Nov. 6, 2025), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s retaliation claim, on the ground that while plaintiff engaged in “protected activity,” she did not allege that defendants knew of her complaints. From the decision: Scivetti’s claims for…

Read More Title VII Retaliation Claim Dismissed; Knowledge of Sexual Harassment Complaints Lacking
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In Wallace v. Chris Wright, Secretary of Energy, No. CV 24-2906 (SLS), 2025 WL 3042025 (D.D.C. Oct. 31, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation under the Rehabilitation Act. From the decision: To state a retaliation claim under the Rehabilitation Act, a plaintiff must allege that: “(i) she…

Read More Retaliation Claim Asserted by Department of Energy Employee Survives Dismissal
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In King v. Rae Products, No. 1:24-CV-00047, 2025 WL 2983862 (M.D. Tenn. Oct. 22, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of retaliation asserted under Title VII of the Civil Rights Act of 1964. From the decision: To establish a prima facie case of retaliation under Title VII,…

Read More Title VII Retaliation Claim, Based on Exclusion From Pay Increase Following Participation in Sexual Harassment Investigation, Survives Summary Judgment
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In Gehlaut v. New York City Department of Education, No. 24-1741 (2d Cir. 2025), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To state a claim for retaliation under Title VII, “the plaintiff…

Read More Title VII Retaliation Claim Properly Dismissed; Temporal Proximity Not Shown
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