Retaliation

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In Polite v. Marquis Marriot Hotel et al, No. 509830/15, 2021 N.Y. Slip Op. 04046, 2021 WL 2558121 (N.Y.A.D. 2 Dept. June 23, 2021), the court affirmed the dismissal of plaintiff’s employment discrimination, unlawful retaliation, and hostile work environment claims asserted under the New York State and City Human Rights Laws. This decision is instructive…

Read More Discrimination, Hostile Work Environment, Retaliation Claims Properly Dismissed Against Marquis Marriot Hotel
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In Lent v. The City of New York, No. 150403/2020, 2021 WL 2165646,  2021 N.Y. Slip Op. 31805(U), 6 (N.Y. Sup Ct, New York County May 19, 2021), the court, inter alia, dismissed plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. Generally, in order to make out a retaliation…

Read More NYPD Employee’s Retaliation Claims Dismissed; No “Protected Activity” Where Underlying Complaint Did Not Sufficiently Identify Harassment Based on Age
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In Laguerre v. The City of New York, No. 153958/2020, 2021 WL 2165567, 2021 N.Y. Slip Op. 31810(U) (N.Y. Sup Ct, New York County May 27, 2021), the court denied defendants’ motion (in part) to dismiss plaintiff’s race discrimination (failure to promote) and retaliation claims asserted under the New York City Human Rights Law. Here…

Read More Haitian Man’s Discrimination and Retaliation Claims Survive Dismissal Against the City of New York
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In Farid v. City of New York et al, No. 19-3463, 2021 WL 2012425 (EDNY May 20, 2021), the court, inter alia, dismissed plaintiff’s claim of retaliation under the Age Discrimination in Employment Act (ADEA). Specifically, the absence of any “adverse action” following plaintiff’s complaint of age discrimination doomed his claim: Plaintiff alleges that he…

Read More Absent Adverse Action, Retaliation Claim (Based on Age Discrimination Complaint) Dismissed
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In Ramos v. Metro-North Commuter Railroad et al, 2021 WL 1740644 (N.Y.A.D. 1 Dept., May 04, 2021), the court held that plaintiff presented enough evidence to defeat defendants’ motion for summary judgment on plaintiff’s claims of discriminatory termination, failure to accommodate, hostile work environment, and retaliation. As to plaintiff’s wrongful termination claim, the court held…

Read More Disability Discrimination, Hostile Work Environment, Retaliation Claims Survive Against Metro-North
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In Donnelly v. New York City & Vicinity Dist. Council of the United Bhd. of Carpenters & Joiners of Am., 2021 NY Slip Op 31308(U), No. 152197/2019, 2021 WL 1549821 (N.Y. Sup Ct, New York County Apr. 20, 2021), the court granted plaintiff’s motion to amend their complaint to add a claim for retaliation under the New York…

Read More Retaliation Claim Sufficiently Alleged; Court Grants Motion to Amend Complaint to Add NYC Human Rights Law Claim Arising From Complaints of Sexual Harassment
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In Cephus v. Normakamali, Inc., No. 156176/2020, 2021 WL 1345362 (N.Y. Sup Ct, New York County Apr. 08, 2021), an employment discrimination and retaliation case, the court granted defendant’s motion to compel arbitration. From the decision: In this case, Cephus’ proposed employment discrimination and retaliation claims are subject to arbitration because the provision at issue…

Read More Employment Discrimination and Retaliation Claims Subject to (Unsigned-by-Employer) Arbitration Agreement
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In Pakniat v. Moor, 2021 NY Slip Op 01856 (App. Div. 1st Dept. march 25, 2021), the court affirmed the dismissal of plaintiff’s sexual harassment and retaliation claims under the New York State and City Human Rights Laws, on the ground that the court lacked subject matter jurisdiction over those claims. Here, the plaintiff was…

Read More Sexual Harassment & Retaliation Claims Dismissed; Court Lacked Subject Matter Jurisdiction Over NY State and City Human Rights Law Claims Asserted by Montreal-Based Plaintiff
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In Hyacinthe v. City of New York, No. 151812/2020, 2021 WL 619320, 2021 N.Y. Slip Op. 30443(U), (N.Y. Sup Ct, New York County Feb. 17, 2021), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s retaliation claim. (The court also denied defendant’s motion to dismiss plaintiff’s disability discrimination and failure-to-accommodate-disability claims; I discussed that…

Read More Retaliation Claim Dismissed Against NYC; Officer’s Request for Reasonable Accommodation Was Not “Protected Activity”
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In Crawford v. The Goldman Sachs Group, Inc., et al.; Index No. 159731/2020 (Feb. 23, 2021), an employment discrimination/retaliation case, New York Supreme Court Justice Paul Goetz issued a (relatively terse) order granting defendants’ motion to compel arbitration, reasoning that “the claims fall within the scope of the arbitration clause and are not barred by…

Read More Discrimination Claims Must Be Arbitrated Against Goldman Sachs, Court Rules
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