Author: mjpospis

From Morales v. Bottling Group, LLC, 16-cv-6597L, 16-cv-6600L, 2019 WL 1593418 (W.D.N.Y. April 15, 2019): Morales fails to demonstrate that any of the alleged conduct was racially motivated. Regarding Flaherty’s “verbal insult,” Morales’s own testimony suggests he did not perceive it to be racially motivated at the time, (Dkt. # M31-5 at 27) (explaining that…

Read More Hostile Work Environment Claim Dismissed; “Job Criticism” Insufficient

In Moza v. NYC Health and Hospitals Corp., No. 17-1051-cv, 2019 WL 1594782 (2d Cir. April 15, 2019) (Summary Order), the Second Circuit vacated the lower court’s order granting summary judgment on plaintiff’s race/ethnicity/national origin discrimination claims. After the court summarized the 3-step McDonnell Douglas burden-shifting framework for analyzing discrimination claims (the so-called “pretext” approach),…

Read More Pretext Shown; Race Discrimination Case Resurrected From Summary Judgment

From Felder v. United States Tennis Association, 2019 WL 1517511, at *3 (S.D.N.Y. April 8, 2019): To succeed on a hostile work environment claim, a plaintiff must show that “the workplace was so severely permeated with discriminatory intimidation, ridicule, and insult that the terms and conditions of her employment was thereby altered.” Alfano v. Costello,…

Read More Hostile Work Environment Claim Dismissed; Doctrine Inapplicable Where Plaintiff Was Not Hired

In Oliver v. Central Park Sightseeing, LLC, 2019 NY Slip Op 02788 (App. Div. 1st Dept. April 11, 2019), the First Department unanimously affirmed the denial of defendant’s motion to dismiss plaintiff’s personal injury complaint. In this case ,plaintiff alleged that she was injured when she fell from a bicycle that she rented from the…

Read More Bicycle-Fall Lawsuit Continues; Malfunctioning Brakes Blamed

The New York City Council recently passed a Local Law, Int. 1445-2019, that will ban pre-employment testing for marijuana usage. Specifically, it amends sections 8-102 and 8-107 of the New York City Administrative Code. The Council summarizes the legislation as follows: This proposed bill would prohibit New York City employers from requiring a prospective employee…

Read More NYC Council Bans Marijuana Testing of Prospective Employees

In Collymore v. City of New York et al, 18-2099 (2d Cir. April 11, 2019) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the dismissal of plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. Plaintiff alleged, inter alia, that she was the victim of…

Read More Title VII Retaliation Claim Survives Dismissal; Adverse Action Affected Plaintiff’s Health

In Collymore v. City of New York et al, 18-2099 (2d Cir. April 11, 2019) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s sexual harassment claim under Title VII of the Civil Rights Act of 1964. The court wrote: Collymore alleges that Lisa Maluf, her…

Read More Sexual Harassment Claim Dismissal Affirmed; Touching Not Shown to be “Because of” Plaintiff’s Sex

In Carrington v. New York State Off. for People With Dev. Disabilities, 2019 NY Slip Op 01887 (App. Div. 4th Dept. March 15, 2019), an employment discrimination case, the court affirmed the lower court’s order granting defendant’s pre-answer motion to dismiss plaintiff’s complaint – alleging discrimination based on prior criminal conviction in violation of the…

Read More Criminal Conviction Discrimination Case Properly Dismissed as Untimely, Court Holds

In Davis-Garett v. Urban Outfitters, Incorporated, 17-3371-cv, 2019 WL 1510428 (2d Cir. April 8, 2019), the U.S. Court of Appeals for the Second Circuit vacated a district court’s dismissal of plaintiff’s age discrimination, hostile work environment, and retaliation claims against Urban Outfitters under, e.g., the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§…

Read More 2d Circuit Vacates Dismissal of Age Discrimination, Including Hostile Work Environment, Claims Against Urban Outfitters/Anthropologie

In Doe v. Solera Capital LLC, 18-cv-1769, 2019 WL 1437520 (S.D.N.Y. March 31, 2019) – in which plaintiff alleges employment discrimination and a hostile work environment on the basis of race and plaintiff’s status of a survivor of domestic violence, retaliation, and failure to pay overtime – the court, inter alia, dismissed defendant’s counterclaim alleging…

Read More “Faithless Servant” Counterclaim Dismissed; Alleged Wrongdoing Insufficient