context: To the extent the Plaintiff continues to seek to pursue this claim, the Court finds that there are no facts alleged or evidence put forth that supports a claim of gender discrimination as a result of the claimed retaliatory actions taken by the County Defendants, including Geier. In any event, the Second Circuit has explained, albeit in the racial discrimination context, that no such cause of action exists.
citation_a.signal: no signal
citation_a.identifier: 79 F.3d 318, 323
citation_a.parenthetical: "[ajlthough claims of retaliation are commonly brought under the First Amendment ... and may also be brought under Title VII ... we know of no court that has recognized a claim under the equal protection clause for retaliation following complaints of racial discrimination."
citation_a.sentence: Bernheim v. Litt, 79 F.3d 318, 323 (2d Cir.1996) (“[ajlthough claims of retaliation are commonly brought under the First Amendment ... and may also be brought under Title VII ... we know of no court that has recognized a claim under the equal protection clause for retaliation following complaints of racial discrimination.”); see also Ratliff v. DeKalb County, 62 F.3d 338, 340-41 (11th Cir.1995) (finding no established right under the equal protection clause to be free from retaliation for complaints of gender discrimination); Gray v. Lacke, 885 F.2d 399, 414 (7th Cir.1989) (“[R]ight to be free from retaliation for protesting sexual harassment and sex discrimination is a right created by Title VII, not the equal protection clause.”); Lange v. Town of Monroe, 213 F.Supp.2d 411, 419 (S.D.N.Y.2002) (“defendants’ alleged retaliation in response to plaintiffs sexual harassment complaints is not cognizable as an equal protection violation.”).
citation_b.signal: see also
citation_b.identifier: 62 F.3d 338, 340-41
citation_b.parenthetical: finding no established right under the equal protection clause to be free from retaliation for complaints of gender discrimination
citation_b.sentence: Bernheim v. Litt, 79 F.3d 318, 323 (2d Cir.1996) (“[ajlthough claims of retaliation are commonly brought under the First Amendment ... and may also be brought under Title VII ... we know of no court that has recognized a claim under the equal protection clause for retaliation following complaints of racial discrimination.”); see also Ratliff v. DeKalb County, 62 F.3d 338, 340-41 (11th Cir.1995) (finding no established right under the equal protection clause to be free from retaliation for complaints of gender discrimination); Gray v. Lacke, 885 F.2d 399, 414 (7th Cir.1989) (“[R]ight to be free from retaliation for protesting sexual harassment and sex discrimination is a right created by Title VII, not the equal protection clause.”); Lange v. Town of Monroe, 213 F.Supp.2d 411, 419 (S.D.N.Y.2002) (“defendants’ alleged retaliation in response to plaintiffs sexual harassment complaints is not cognizable as an equal protection violation.”).