· 11/8/2023
People v. Tyjhe H.
Citations
- 221 A.D.3d 731
- 198 N.Y.S.3d 582
- 2023 NY Slip Op 05620
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that hospital would have taken same “en tirely appropriate” actions concerning plaintiffs alleged misconduct even absent plaintiffs protected speech
- recognizing that an employer’s implementation of “recommendations of an independent outside reviewer undermines any inference that the action was motivated by retaliation”
- holding, in First Amendment case, that required training was not sufficiently adverse to support retaliation claim, applying more expansive definition of “adverse” than applies in Title VII disparate treatment claims
- considering whether alleged employment actions were sufficiently adverse to sustain a speech-based First Amendment retaliation claim
- discussing how Burlington Northern broadened the scope of adverse actions for retaliation claims
- “The test in Burlington Northern is also consonant with our First Amend- ment employment retaliation cases. . . . Additionally, the test in Burlington Northern is analogous to the standard articulated by sev- eral other circuits in the First Amendment context.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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