Retaliation

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In Adeniji v. U.S. Department of Commerce/Census Bureau-NY Regional Office/Hannah Zimmerman, 2019 WL 7067057 (S.D.N.Y. Dec. 23, 2019), the court dismissed plaintiff’s race discrimination and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. As to plaintiff’s discrimination claim, the court explained: To state an employment discrimination claim under Title VII,…

Read More Title VII Discrimination Claim Insufficiently Alleged, Court Holds
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In Saltzman v. Exlservice Holdings Inc., No. 154361/2019, 2019 WL 6843028 (N.Y. Sup Ct, New York County Dec. 11, 2019), the court denied defendants’ motion to compel arbitration of plaintiff’s gender discrimination and retaliation claims asserted under the New York City Human Rights Law. In sum, plaintiff asserts that defendants treated her worse than similarly-situated…

Read More Gender Discrimination and Retaliation Claims Not Subject to Arbitration Clause, Court Holds
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In Schmitt v. Artforum International Magazine et al, No. 10080, 159496/17, 2019 N.Y. Slip Op. 09352, 2019 WL 7173975 (N.Y.A.D. 1 Dept., Dec. 26, 2019), the court, inter alia, held that plaintiff sufficiently alleged retaliation under the New York City Human Rights Law, modifying the lower court’s order dismissing that claim as facially insufficient under…

Read More Retaliation Claim Survives Dismissal Against Artforum International Magazine
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In Schaper v. Bronx Lebanon Hospital Center, 2019 WL 7102144 (S.D.N.Y. Dec. 20, 2019), the court granted plaintiff’s motion for leave to file an amended complaint asserting, in addition to claims of hostile work environment and retaliation, a claim of disparate treatment. On September 30, 2019, the court denied defendants’ motion for summary judgment, noting…

Read More Plaintiff Granted Leave to Amend Complaint to Add Claim of Disparate Treatment
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In Wilson v. Lenox Hill Hospital/Northwell Health, 2019 WL 6726304 (E.D.N.Y. Dec. 11, 2019), the court, inter alia, dismissed plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. The court summarized the law as follows (internal quotation marks and citations omitted; paragraphing altered):…

Read More Retaliation Claims Dismissed; Anonymous Complaint Insufficient
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In Stephens v. Isabella Geriatric Ctr., Inc., 2019 NY Slip Op 08795 (App. Div. 1st Dept. Dec. 10, 2019), the court unanimously affirmed the dismissal, by summary judgment, of plaintiff’s retaliation claims under the New York State and City Human Rights Laws. In this case, plaintiff alleged that he was terminated from his employment at…

Read More First Department Affirms Dismissal of Retaliation Claim Against Isabella Geriatric Center
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In Lenzi v. Systemax, Inc., No. 18-979, 2019 WL 6646630 (2d Cir. Dec. 6, 2019), the court, inter alia, reinstated plaintiff’s claims – dismissed below by summary judgment – of pay discrimination, pregnancy discrimination, and retaliation claims under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that defendants paid her…

Read More 2d Circuit Revives Title VII Pay Discrimination Claim
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In Jones v. Target Corporation, 2019 WL 6247900 (2d Cir. Nov. 22, 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s Title VII retaliation claim. The court explained that “[r]etaliation claims under Title VII are evaluated under the familiar McDonnell Douglas three-step burden-shifting analysis” and “presume[d] that Jones has established a prima facie case…

Read More Retaliation Claim Dismissal Affirmed; Marijuana-Based Termination Not Shown to be Pretextual
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In Pozner v. Fox Broadcasting Co., No. 652096/2017, 2019 WL 6117960, 2019 N.Y. Slip Op. 33415(U) (N.Y. Sup Ct, New York County Nov. 18, 2019), the court dismissed plaintiff’s retaliation claim, which was based on the filing of a counterclaim by the defendant. Some background: The plaintiff (Pozner) worked was a Fox executive vice president.…

Read More Court Dismisses Retaliation Claim, Predicated on Counterclaim, Under the Noerr-Pennington Doctrine
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In Petit v. The Department of Education of the City of New York, No. 155523/16, 9984, 2019 WL 5791619 (N.Y.A.D. 1 Dept., Nov. 07, 2019), the court held that plaintiff stated claims of employment discrimination, hostile work environment, and retaliation under the New York State and City Human Rights Laws. Specifically, the court reversed a…

Read More Hostile Work Environment Claim Stated; Allegations Include “Voodoo Priest” Accusation
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