Retaliation

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In Clermont v. OTG Concessions Management LLC, 24-cv-6590 (BMC), 2025 WL 2664022 (E.D.N.Y. Sept. 17, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation asserted under 42 U.S.C. § 1981. From the decision: To state a claim for retaliation under Section 1981, a plaintiff must plead: “(i) she engaged in…

Read More Section 1981 Retaliation Claim Survives Dismissal
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In Fisher v. Valley Stream Central High School District et al, 2025 WL 2467046 (E.D.N.Y. Aug. 27, 2025), the court, inter alia, held that plaintiff sufficiently stated a cause of action for retaliation under Title VII of the Civil Rights Act of 1964. Specifically, plaintiff alleged that defendants suspended her pay and benefits, in retaliation…

Read More Title VII Retaliation Claim, Based on Complaints About Alleged Excessive Workload Due to Status as Unmarried Woman With Children, Survives Dismissal
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In Nazath v Our Lady of Consolation Nursing & Rehabilitative Care Center, No. 2023-06250, 615567/22, 2025 N.Y. Slip Op. 04796, 2025 WL 2458592 (App. Div. 2 Dept. Aug. 27, 2025), the Appellate Division, Second Department affirmed the lower court’s denial of defendant’s motion to dismiss plaintiff’s claims of disability discrimination and retaliation in violation of…

Read More Perceived-Disability Discrimination & Retaliation Claims Survive Dismissal, 2nd Dept. Holds
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In Niemotko v. Mount St. Mary Coll., 2025 NY Slip Op 04658 (N.Y. App. Div. 2 Dept. Aug. 13, 2025), the court, inter alia, affirmed the summary judgment dismissal of plaintiff’s hostile work environment claim asserted under the New York State Human Rights Law. From the decision: A plaintiff claiming a hostile work environment animated…

Read More Hostile Work Environment Claim Properly Dismissed, 2nd Dept. Holds
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In Lambert et al v. New Start Capital LLC et al, 1:24-cv-8055-GHW, 2025 WL 2295254 (S.D.N.Y. August 7, 2025), the court addressed a novel legal questions regarding the relatively new Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). In sum, one plaintiff – Lambert, a Black woman – alleges that she was…

Read More SDNY Interprets the EFAA to Apply to Sexual Harassment & Related Wage-and-Hour Claims, But Not to Third Plaintiff’s Claims Unrelated to Sexual Harassment Claims
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In Carrasco v. Metropolitan Transit Authority, 2025 WL 1939052 (S.D.N.Y., July 15, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation asserted under the New York Labor Law. The court summarized, and applied, the law as follows: A plaintiff alleging retaliation under the NYLL must first show “(1) [plaintiff’s] participation…

Read More NY Labor Law Retaliation Claim Survives Dismissal
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In Anderson v. The City of New York, No. 155791/2023, 2025 WL 1756499 (N.Y. Sup Ct, New York County June 25, 2025), the court, inter alia, plaintiff did not state a cause of action for retaliation under the New York City Human Rights Law. From the decision: In his second cause of action, plaintiff brings…

Read More Retaliation Claim Dismissed; Complying With Drug Screening Was Not “Protected Activity” Under The NYC Human Rights Law
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In Kapllanaj v. Healthfirst PHSP, Inc., No. 152720/2021, 2025 WL 1707852 (N.Y. Sup Ct, New York County June 17, 2025), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. From the decision: The branch of the motion for summary…

Read More Retaliation Claims Against Healthfirst Survive Summary Judgment
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In Samuel v. Institute for Community Living, Inc., No. 150885/2024, 2025 WL 1180332 (N.Y. Sup Ct, New York County Apr. 22, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s employment discrimination, hostile work environment, and retaliation claims. The court summarized the facts as follows: Plaintiff alleges she always performed her work satisfactorily…

Read More Age Discrimination, Hostile Work Environment, Retaliation Claims Survive Dismissal; Allegations Include “Old Bitch”, “Fat Loser”, and “Piece of Crap” Comments
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In Leone v. Brown Forman Corp., No. 151627/2019, 2025 WL 1146136 (N.Y. Sup Ct, New York County Apr. 17, 2025), the court, inter alia, denied defendant’s motion to set aside a jury verdict in plaintiff’s favor on their retaliation claim asserted under the New York City Human Rights Law. From the decision: The branch of…

Read More Jury’s Verdict for Plaintiff on NYC Human Rights Law Retaliation Claim Upheld
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