Retaliation

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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 Nakeshia Nikki Jones v. Industry One Mobile, Inc, 19-01023, 2021 WL 4955905 (S.D. Ala. Oct. 8, 2021), the court, inter alia, recommended that the court grant (as a sanction) plaintiff’s motion for a default judgment on her claim for sexual harassment under Title VII of the Civil Rights Act of 1964. From the decision:…

Read More Sexual Harassment Allegations, That Boss Terminated Plaintiff For Rejecting Sexual Advances, Sufficient
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In Jia v. China Renaissance Securities (US) Inc., No. 158516/2018, 2021 WL 4553665 (N.Y. Sup Ct, New York County Oct. 05, 2021), the court held that plaintiff’s unlawful retaliation claim(s) survived summary judgment. From the decision: Plaintiff claims that she establishes a prima facie case for retaliation under the NYSHRL and the NYCHRL (Executive Law…

Read More Retaliation Claim, Based on Opposition to Gender Discrimination, Survives Summary Judgment
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Some court decisions, particularly in the employment discrimination context, are perfect examples of “what not to do” in the workplace. In such a recent case, Shkoza v. NYC Health & Hospitals Corp., 20-CV-3646, 2021 WL 4340787 (S.D.N.Y. Sept. 22, 2021), the court held that plaintiff sufficiently alleged a sex-based hostile work environment under the New…

Read More Sex-Based Hostile Work Environment Sufficiently Alleged; Allegations Included “Wives” Comment, Inappropriate Touching
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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 Erazo-Vazquez v. State Industrial Products Corp., 16-2709, 2021 WL 3910248 (D.Puerto Rico Aug. 31, 2021), the court, inter alia, dismissed plaintiff’s age-based hostile work environment claim. Initially, the court cautioned against “blurring” the distinction between hostile work environment claims, on the one hand, and discrimination and retaliation claims, on the other: Plaintiff’s allegations closely…

Read More Hostile Work Environment Claim Dismissed; Court Cautions Against “Repurposing” Discrete Acts Supporting Discrimination and Retaliation Claims
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In Gibbs v. Megan J. Brennan, Postmaster General of the Unites States Postal Service, 2021 WL 3661277 (D.N.J. Aug. 18, 2021), the court denied defendant’s motion for summary judgment on plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive as to the interpretation and application of…

Read More Title VII Retaliation Claim Survives Summary Judgment; Threat (and Settlement) of Sexual Harassment Claim May Qualify as Protected “Opposition”
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In Hampton v. Wilkie, 17-cv-5711, 2021 WL 3577941 (E.D.N.Y. Aug. 9, 2021), the court, inter alia, held that plaintiff (a former employee of the Veteran Affairs Medical Center) presented enough evidence to survive summary judgment on his retaliation claim asserted under Title VII of the Civil Rights Act of 1964. After determining that plaintiff’s hostile…

Read More Federal Employee’s Title VII Retaliation Claim Survives Summary Judgment
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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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In Hairston v. Christine Wormuth, Secretary, Department of the Army, N0. 20-1806, 2021 WL 3196469 (8th Cir. 2021), the U.S. Court of Appeals for the Eighth Circuit affirmed the dismissal of plaintiff’s hostile work environment sexual harassment claim against the defendant Army. Plaintiff, a general supply specialist, alleged that her immediate supervisor (Johnson) subjected her…

Read More Sexual Harassment Hostile Work Environment Claim Dismissed Against Army; “Nice Booty” Comment Withstanding
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