Employers who have recently suffered defeats on Title VII retaliation claims now have reason to ask for reconsideration under applicable rules.  The Eastern District of New York, in Sass v. MTA Bus Co.,   ruled that existing cases should no longer be subject to a “motivating factor” analysis, but rather, are retroactively subject to the “but-for”

The New York State Court of Appeals’ recent holding in Romanello v. Intesa Sanpaolo, 2013 N.Y. LEXIS 2755; 2013 Slip Op 6600 (N.Y. Oct. 10, 2013), now makes it more difficult for employers covered by the New York City Human Rights Law (Administrative Code of City of NY § 8-107[1][a]) (“NYCHRL”) to terminate employees