Retaliation

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In Baptiste v. The City University of New York et al., 22-CV-2785 (JMF), 2023 WL 4266914 (S.D.N.Y. June 29, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based retaliation claim, asserted under 42 U.S.C. § 1981. Here, plaintiff’s retaliation claim arises out of her termination, which occurred one day after she engaged…

Read More Race-Based Retaliation Claim Survives Dismissal; Termination Occurred One Day After Protected Activity
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In Calixte v. 14 Street Medical, P.C., No. 522952/22, 2023 WL 4083561 (N.Y. Sup Ct, Kings County June 13, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation in violation of the New York State and City Human Rights Laws. From the decision: The third and sixth causes of action…

Read More Retaliation Claims, Based on Alleged Racial Harassment Following Opposition to Wage Calculation, Survive Dismissal
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In Kocher v. Denis R. McDonough, Secretary of Veterans Affairs, Civil Action No. 22-3808, 2023 WL 3689702 (E.D.Pa. May 26, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. the court held that…

Read More Retaliation Claim, Based on Adverse Actions Following Filing of EEO Complaint, Sufficiently Alleged
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In a recent decision, Briggs v. SCO Family of Services et al, 2023 WL 3589896, (2d Cir. May 23, 2023), the court, inter alia, affirmed the summary judgment dismissal of plaintiff’s retaliation asserted pursuant to Title VII of the Civil Rights Act of 1964. This decision illustrates that a retaliation claim will be undermined where…

Read More Title VII Retaliation Claim Dismissal Affirmed; Adverse Actions Preceded Protected Activity
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In Loth v. City of New York, No. 160925/2021, 2023 WL 3456623 (N.Y. Sup Ct, New York County May 15, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws. From the decision: Finally, the complaint adequately alleges claims for unlawful…

Read More Retaliation Claims Sufficiently Alleged; Vandalism etc. Followed Witness Participation
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In Higgins v. Gladstone Gallery LLC, No. 150934/2022, 2023 WL 1961164, 2023 N.Y. Slip Op. 30436(U) (N.Y. Sup Ct, New York County Feb. 10, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation under the New York State and City Human Rights Laws. As to plaintiff’s state law claim, the…

Read More Retaliation Claim, Including Alleged Constructive Discharge, Survives Dismissal
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In Ahmed v. Christine Wormuth, Secretary, Department of the Army, 2023 WL 2309776 (N.D.Cal., 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. This case illustrates the importance of clearly articulating, in one’s complaint, the “protected activity” at issue: The…

Read More Title VII Retaliation Claim Dismissed; Allegation That Plaintiff “Voiced Concerns,” Without More Detail, Held Insufficient
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In Eustache v. Bd. of Educ. of the City School Dist. of the City of New York, No. 153619/2019, 2023 WL 2307500 (N.Y. Sup Ct, New York County March 1, 2023), the court granted plaintiff’s motion for reconsideration, finding that the court previously erred in dismissing plaintiff’s cause of action for retaliation under the New…

Read More Retaliation Claim Sufficiently Alleged; Suspension Closely Followed Complaint of Sexual Harassment
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In Ajoku v. Contento et al, No. 158941-2021, 2022 WL 17733380 (N.Y. Sup Ct, New York County Dec. 09, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of national origin discrimination and retaliation claims asserted under the New York State Human Rights Law. Specifically, plaintiff alleged that he “has been harassed…

Read More National Origin Discrimination, Retaliation Claims (Involving, in Part, Twin Brother’s Lawsuit) Survive Dismissal
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In Sakthivel v. Industrious Staffing Co., LLC, 2023 NY Slip Op 00044 (N.Y. App. Div. 1st Dept. Jan. 5, 2023), the court affirmed the lower court’s dismissal of plaintiff’s claim of retaliation, asserted under the New York Labor Law, arising from an assault by a co-worker. From the decision: Plaintiff pro se alleges that defendant…

Read More Whistleblower Claim, Based on Alleged Co-Worker Assault, Dismissal Affirmed
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