Retaliation

by

In Melendez v. New York City Transit Authority et al., No. 1576 4, 2021-02852, 2022 WL 1177462 (N.Y.A.D. 1 Dept., Apr. 21, 2022), the Appellate Division, First Department unanimously affirmed the lower court’s denial of defendants’ motion for summary judgment dismissing plaintiff’s complaint alleging gender discrimination and retaliation. From the decision: The record does not…

Read More Gender Discrimination, Retaliation Claims to Proceed Against NYC Transit Authority
Share This:
by

In Connolly v. City of New York, 2022 WL 843497 (2d Cir. March 22, 2022), the court, inter alia, vacated the lower court’s dismissal (on timeliness grounds) of plaintiff’s retaliation claim. From the decision: We first address the District Court’s decision to dismiss as time-barred Connolly’s retaliation claims arising before November 20, 2013. The District…

Read More Retaliation Claim Was “Reasonably Related” to EEOC-Filed Claims
Share This:
by

In Felder v. United States Tennis Association, 2022 WL 663145 (2d Cir. March 7, 2022), the Second Circuit considered the question of what a Title VII plaintiff must adequately allege to plead the existence of an employer-employee relationship pursuant to the “joint employer” doctrine. The alleged facts, in sum/brief: a security company (AJ Security) hired…

Read More Second Circuit Clarifies Application of the “Joint Employer” Doctrine to Title VII Discrimination Claims
Share This:
by

In Scé v. City of New York, 2022 WL 598974 (2d Cir. March 1, 2022), the Second Circuit, inter alia, vacated the district court’s award of summary judgment to defendants on plaintiff’s retaliation and aiding & abetting claims asserted in his Second Amended Complaint under the New York City Human Rights Law. (The court did,…

Read More Retaliation Claim, Involving Alleged “Baseless” Sexual Harassment Investigation, Resurrected From Summary Judgment Dismissal
Share This:
by

In Barbini v. First Niagara Bank N.A. et al, 16-cv-7887, 2022 WL 623184 (S.D.N.Y. March 3, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claim that she suffered retaliation for opposing sexual harassment. From the decision: After due consideration, the Court concludes that a material dispute of fact precludes summary…

Read More Retaliation Claim, Arising From Opposition to Sexual Harassment (Assisting With Complaint), Survives Summary Judgment
Share This:
by

In Pappas v. Moody’s Investor Service, No. 15360, 158504/19, 2021-01012, 2022 N.Y. Slip Op. 01249, 2022 WL 548952 (N.Y.A.D. 1 Dept., Feb. 24, 2022), the court, inter alia, unanimously affirmed the lower court’s dismissal of plaintiff’s discrimination and retaliation claims asserted under the New York State and City Human Rights Laws (Executive Law § 296…

Read More First Department Affirms Dismissal of Discrimination & Retaliation Claims; Alleged Harasser’s Participation in Sexual Harassment Investigation Was Not “Protected Activity”
Share This:
by

In Mondelo v. Quinn, Emanuel, Urquhart & Sullivan, LLP et al, 21-cv-02512, 2022 WL 524551 (SDNY Feb. 22, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims, arising from plaintiff’s complaints of discrimination on the basis of his Spanish Ethnicity/Ancestry/National Origin, in violation of 42 U.S.C. § 1981, the New York State…

Read More Retaliation Claim Sufficiently Alleged Against Quinn, Emanuel Law Firm
Share This:
by

In Buczakowski v. Crouse Health Hospital, Inc., et al, 5:18-CV-0330 (LEK/ML), 2022 WL 356698 (N.D.N.Y. Feb. 7, 2022), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s retaliation claim asserted under the New York State Human Rights Law. From the decision: Viewing the record in the light most favorable to Plaintiff, she…

Read More Retaliation Claim Survives Summary Judgment; Evidence Included Alleged Lack of Progressive Discipline
Share This:
by

In Richards v. The Department of Education of the City of New York et al, 21-cv-338, 2022 WL 329226 (S.D.N.Y. Feb. 2, 2022), the court, inter alia, held that plaintiff plausibly alleged retaliation. The court did, however, dismiss several of plaintiff’s other claims, such as for race- and religion-based hostile work environment. Accordingly, this case teaches…

Read More Retaliation Claim Survives, In Part, Against NY Dept. of Education
Share This:
by

In Gokhberg v. PNC Bank, N.A., 21-222-cv (2d Cir. Feb. 1, 2022) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s dismissal, on summary judgment, of plaintiff’s allegations the defendant terminated him in retaliation for his complaint of discriminatory lending practices based on marital status in violation of the…

Read More Retaliatory Termination Claim Dismissal Affirmed; Termination Was Based on Misconduct, Not Marital Status Lending Practices Discrimination
Share This: