Second Circuit Clarifies Standard For Evaluating Title VII Retaliation Claims

On the heels of the Fifth Circuit Court of Appeals' recent decision clarifying its view of properly pled Title VII disparate treatment discrimination claims, which we previously covered here, the Second Circuit Court of Appeals in Carr v. New York City Transit Authority, has now clarified its view of the standard for pleading retaliation claims under Title VII.

How We Got Here

In Carr, an employee alleged that after she complained of discrimination, she experienced a retaliatory hostile work environment via deteriorating working relationships and less favorable performance evaluations. More specifically, the employee alleged that she received disrespectful and hostile emails; increased job responsibilities; threats to cancel scheduled vacation if she did not timely complete her projects; the reassignment of her subordinates to new supervisors; and "needs improvement" on her reviews. A lower court dismissed her retaliation claims, finding the complained of