Retaliation

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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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In Rosenson v. Bloomfield, Civil Action No. 24-1365 (SLS), 2025 WL 958254 (D.D.C. March 31, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s retaliatory hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To prevail on a retaliatory hostile-work-environment claim, “a plaintiff must…

Read More Hostile Work Environment Claim Dismissed; Repeated Criticism and Other Actions Held Insufficiently Severe or Pervasive
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In Swinburne v. City of New York, No. 153793/2024, 2025 WL 990587 (N.Y. Sup Ct, New York County Mar. 28, 2025), the court denied defendant’s motion to dismiss plaintiff’s retaliation claim asserted under the New York City Human Rights Law. From the decision: Under [NYCHRL], it is unlawful to retaliate against an employee for opposing…

Read More Retaliation Claim Sufficiently Alleged; Transfer/Demotion Followed Request for Vaccine Exemption
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In Dedewo v CBS Corporation, No. 158386/22, 2024-00838, 3945, 2025 N.Y. Slip Op. 01712, 2025 WL 863866 (N.Y.A.D. 1 Dept., Mar. 20, 2025), the court affirmed the lower court’s order dismissing plaintiff’s claims for race and sex discrimination and retaliation under the New York City Human Rights Law. From the decision: To the extent plaintiff’s…

Read More Federal Court Decision Precludes NYC Human Rights Law Claims, First Department Holds
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In Matter of Pedro Osorio v. New York State Division of Human Rights and McAlpin Industries, Inc., No. 201, 24-01441, 2025 WL 877798 (N.Y.A.D. 4 Dept., Mar. 21, 2025), the court, inter alia, held that petitioner’s retaliation claim was properly dismissed by the State Division of Human Rights’ determination that petitioner was not subjected to…

Read More Coughing/Sneezing on Supervisor Was Legitimate Reason For Termination; Hostile Work Environment and Retaliation Claims Properly Dismissed
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