In Cubelo v. City of New York, 2019 NY Slip Op 00689 (App. Div. 1st Dept. Jan. 31, 2019), the court affirmed the dismissal of plaintiff’s discrimination and retaliation claims. Plaintiff – who was born in Spain – alleged that he was “passed over for several promotions in his employment as a civil engineer with…
Read More Court Affirms Dismissal of Engineer’s Discrimination and Retaliation ClaimsFrom Deutsch v. City of New York Dept. of Envtl. Protection, 2019 NY Slip Op 30063(U), Index 161139/2017 (NY Sup. Ct. NY Cty. Jan. 7, 2019): Furthermore, none of the complaint allegations suggest that plaintiff complained about something that his employer was doing that would fall into the category of creating and presenting a danger to the public health…
Read More Whistleblower (Labor Law 740) Claim Dismissed Against NYC DEPFrom Plotzker v. Kips Bay Anesthesia, P.C., 745 Fed.Appx. 436, 437–38 (C.A.2 (N.Y.), 2018) (Summary Order): After reviewing the record de novo, we agree with the District Court that there is no genuine dispute of material fact with respect to at least one element of Plotzker’s retaliation claim, namely, that his employer was aware of his…
Read More Dismissal of Retaliation Claim Affirmed; Employer Unaware of Protected ActivityIn Kopchik v. Town of East Fishkill, New York, 2018 WL 6767369 (2d Cir. Dec. 26, 2018) (Summary Order), the court, inter alia, vacated summary judgment in defendant’s favor on plaintiff’s retaliation claim under the Age Discrimination in Employment Act (ADEA). In sum, plaintiff – the Supervisor of Buildings and Grounds of the Town of East…
Read More ADEA Retaliation Claim Survives DismissalIn Schmitt v Artforum Intl. Mag., Inc., 2018 NY Slip Op 33345(U) (Sup. Ct. NY Cty. Dec. 20, 2018), the court (inter alia) dismissed plaintiff’s retaliation claim under teh NYC Human Rights Law. In sum, plaintiff alleges retaliation by both defendants a violation of the New York City Human Rights Law [Administrative Code of the City…
Read More Retaliation Claim Under NYC Human Rights Law Insufficiently PledIn Rivas v. New York State Lottery, 2018 WL 6656390 (2d Cir. Dec. 18, 2018) (Summary Order), the court (inter alia) affirmed the dismissal of plaintiff’s retaliation claim. What makes this case arguably somewhat unique is that the alleged retaliation occurred after plaintiff left defendant’s employment. From the Order: The District Court did not err in…
Read More Post-Termination Retaliation Claim Dismissal AffirmedIn Cook v. EmblemHealth Servs. Co., LLC, 2018 NY Slip Op 08433 (App. Div. 1st Dept. Dec. 11, 2018), the First Department unanimously affirmed the denial of defendants’ motion for summary judgment on plaintiff’s retaliation claim under the New York City Human Rights Law. From the decision: The temporal proximity between plaintiff’s complaints to his employer…
Read More Retaliation Claim Continues Against EmblemHealth; Summary Judgment Denial AffirmedIn Triana v. Sodexo, Inc., 2018 WL 6413151, at *7 (S.D.N.Y., 2018), the court, inter alia, dismissed plaintiff’s First Amendment retaliation claim. The court provides the following summary of the relevant law: Where a plaintiff claims that he or she was retaliated against in violation of the First Amendment, he or she must demonstrate that “(1)…
Read More First Amendment Retaliation Claim DismissedFrom Coyle v. College of Westchester, Inc., 2018 NY Slip Op 07699, 2018 NY Slip Op 07699 (App. Div. 2d Dept. Nov. 14, 2014): We agree with the Supreme Court’s determination to grant that branch of the defendants’ motion which was to dismiss the cause of action alleging violation of Labor Law § 740, commonly known as…
Read More Court Affirms Dismissal of Labor Law 740 Whistleblower Law ClaimIn McPartlan-Hurson v. Westchester Community College, 13-CV-2467, 2018 WL 5801057 (S.D.N.Y. Nov. 5, 2018), the court held that evidence pertaining to plaintiff’s (dismissed) discrimination claims was relevant, and admissible, on her retaliation claim under Title VII of the Civil Rights Act of 1964. The law, as summarized by the court: To make out a claim of…
Read More Discrimination Evidence Ruled Admissible on the Issue of Retaliation