Retaliation

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In Stewart v. City of New York, 2023 WL 6970127 (2d Cir. Oct. 23, 2023), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the defendant’s motion for summary judgment on plaintiff’s claim of retaliation under Title VII of the Civil Rights Act of 1964. Among other things, this decision underscores the…

Read More Title VII Retaliation Claim Dismissal Affirmed; Defendant Unaware of “Protected Activity”
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In a recent case, Symotyuk-Knoll v. Healthequity, Inc., 1:21-CV-08348 (ALC), 2023 WL 5576405 (S.D.N.Y. August 29, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Retaliation Claims Sufficiently Alleged; Termination Followed Pregnancy Leave Request
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In Lazarine v. Allied Universal Event Services, No. 153143/2023, 2023 WL 4546517, 2023 N.Y. Slip Op. 32374(U) (N.Y. Sup Ct, New York County July 14, 2023), the court, inter alia, dismissed plaintiff’s claims of retaliation asserted under the New York State and City Human Rights Laws. From the decision: Counts IV, V, and VIII of…

Read More Retaliation Claims Dismissed Absent Allegation of “Protected Activity”
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In Hafizov v. BDO USA, LLP, 22-CV-8853 (JPC) (RWL), 2023 WL 4697312 (S.D.N.Y. July 24, 2023), the court denied plaintiff’s motion to amend their complaint to add a retaliation claim. In a somewhat unique fact pattern, plaintiff alleges retaliation in the form of a deficiency letter sent by defendants’ counsel: Plaintiff’s proposed additional amendment seeks…

Read More Attorney Deficiency Letter Did Not Constitute an “Adverse Employment” Action
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In Claud v. Brown Harris Stevens of Hamptons, LLC, No. 2:18-CV-01390-NRM-ST, 2023 WL 3858677 (E.D.N.Y. June 7, 2023), the court held that plaintiff established unlawful retaliation under 42 U.S.C. § 1981. From the decision: Here, BHSH’s articulated reason for firing Claud was not its actual reason. The termination’s temporal proximity to Claud’s reports of discrimination,…

Read More Real Estate Agent Established Claim of Retaliatory Termination Against Brown Harris Stevens of Hamptons
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In Beny v. University of Michigan Board of Regents, No. 22-12021, 2023 WL 4409107 (E.D.Mich. July 7, 2023), the court, inter alia, denied the defendant’s motion to dismiss plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964 and the Elliot-Larsen Civil Rights Act (ELCRA). The court summarized the well-settled elements…

Read More Retaliation Claims Survive Against Michigan Board of Regents
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In Rogoff v. Long Island University, No. 510388/2019, 2023 WL 4365404 (N.Y. Sup Ct, Kings County July 06, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of retaliation asserted under the New York State and City Human Rights Laws. From the decision. Likewise, the record is adequate for plaintiff’s…

Read More Retaliation Claim Survives Summary Judgment; Demotion Closely Followed Complaint of Age Discrimination
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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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