Retaliation

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In Denson v. Donald J. Trump for President, Inc., No. 101616/2017, 2021 WL 256624 (N.Y. Sup Ct, New York County Jan. 11, 2021), the court, inter alia, granted plaintiff’s motion to amend her complaint to add a claim for retaliation arising from defendants’ commencement of an arbitration proceeding in response to her lawsuit alleging a…

Read More Sex-Discrimination Plaintiff May Amend Complaint to Assert Arbitration-Related Retaliation Claim Against Trump Campaign
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In Massaro v. The Board of Education of the City School District of the City of New York, et al, 2021 WL 184364, at *6 (S.D.N.Y. Jan. 19, 2021), the court, inter alia, held that plaintiff presented sufficient evidence to survive summary judgment (in part) on her retaliation claim under the Age Discrimination in Employment Act,…

Read More ADEA Retaliation Claim, Arising From Denial of Substitute Teaching Application Following EEOC Charge, Survives Summary Judgment
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In Ramos v. Metro N. Commuter R.R., 2021 NY Slip Op 00272 (App. Div. 1st Dept. Jan. 19, 2021), the court held that plaintiff – contrary to the lower court’s determination – presented enough evidence to create a triable issue of fact as to her employment discrimination, hostile work environment, and retaliation claims against the…

Read More Discrimination, Hostile Work Environment, and Retaliation Claims Against MTA Survive Summary Judgment
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In a recent decision, captioned Calhoun v. Laidlaw & Company, 20-CV-6174 (S.D.N.Y. Dec. 18, 2020) (provided via teleconference; here is the transcript), the court held that plaintiff sufficiently alleged retaliation under the New York State and City Human Rights Laws. It was undisputed that the plaintiff sufficiently alleged that he engaged in “protected activity”, namely,…

Read More Former Employee’s Retaliation Claim Sufficiently Alleged, Court Holds
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In Jordan v. Lisa Ellsworth, et al, 2020 WL 7398757 (W.D.N.Y. Dec. 17, 2020), the court granted summary judgment to defendants on plaintiff’s employment discrimination and retaliation claims. In sum, plaintiff alleged that defendants denied her promotional opportunities due to her race and in order to retaliate against her for filing internal race discrimination complaints.…

Read More Employment Discrimination & Retaliation Claims Dismissed Against NY State Insurance Fund; Pretext Not Shown
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In HC2, Inc. v. Delaney, 20-cv-3178, 2020 WL 7480675 (S.D.N.Y. Dec. 18, 2020), the court, inter alia, dismissed the employee’s  whistleblower retaliation claims. The employee (Delaney) alleges that the employer (HC2) violated New York Labor Law §§ 740 and 215 by terminating his employment after he complained about HC2’s handling of the Covid-19 pandemic. Specifically,…

Read More COVID Whistleblower Retaliation (NY Labor Law § 740) Claim Dismissed
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In a recent case, Belvin and Mayers v. Electchester Management, LLC, 2020 WL 7262877 (E.D.N.Y. Dec. 10, 2020), the court, inter alia, dismissed one plaintiff’s retaliation claim, finding that they did not establish a prima facie case of retaliation. From the decision: Regarding the first claim, Mr. Mayers has failed to adduce evidence of retaliation…

Read More Retaliation Claim Dismissed; Insufficient Help in Putting Up Christmas Decorations Was Not An “Adverse Employment Action”
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In Franco v. Hyatt Corp. d/b/a Hyatt Times Square et al, No. 12422, 153152/14, 2019-3451, 2020 WL 7346434 (N.Y.A.D. 1 Dept., Dec. 15, 2020), the court, inter alia, reversed summary judgment for defendants on plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. From the decision: Defendants argue that plaintiff’s separate claim…

Read More Retaliatory Termination Claims Survive Against Hyatt
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In Agosto v. New York City Department of Education et al, 2020 WL 7086060 (2d Cir. Dec. 4, 2020), the court, inter alia, affirmed the dismissal of plaintiff high school teacher’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the elements of such a claim: To establish…

Read More 2d Circuit Affirms Dismissal of Teacher’s Title VII Retaliation Claim
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