Thank you for visiting the Pospis Law Blog (the “Blog”), maintained by Pospis Law, PLLC (the “Firm”). The Blog primarily provides general information regarding legal developments in the areas of employment discrimination, sexual harassment, civil rights, and personal injury. This website’s general disclaimer (which is incorporated by reference) likewise applies to the Blog. 1. Not…
Read More Sticky: About This Blog; DisclaimerIn Maryse v. PFNY LLC et al, 23-cv-891 (AS), 2024 WL 3087533 (S.D.N.Y. June 20, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment claims. Plaintiff alleges, among other things, that he was sexually harassed by a co-worker, Williams, in the form of allegedly sexually explicit comments…
Read More Sex-Based Hostile Work Environment Claims Against Planet Fitness Survive Summary JudgmentIn Nelson v. WW Intern., Inc., No. 155745/2020, 2024 WL 32208823 (N.Y. Sup Ct, New York County June 28, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s disability discrimination claim asserted under the New York City Human Rights Law. From the decision: A plaintiff may prove a disability discrimination claim…
Read More Disability Discrimination Claim Survives Summary JudgmentIn Schussler v. The Dept. of Educ. of the City of New York, No. 154316/2017, 2024 WL 3203264 (N.Y. Sup Ct, New York County June 27, 2024) denied defendant’s motion for summary judgment on plaintiff’s claim of religion-based discrimination under the New York City Human Rights Law. Initially, the court determined that defendants made a…
Read More Religion-Based (Jewish) Discrimination Claim Against NYC Dept. of Education Survives Summary JudgmentIn Holloway v. City of New York, No. 155025/2023, 2024 WL 3203274 (N.Y. Sup Ct, New York County June 27, 2024), the court denied defendant’s motion to dismiss plaintiff’s claim of arrest-record discrimination under the New York State and City Human Rights Laws. From the decision: Turning to CPLR § 3211 (a)(7), the court finds…
Read More Arrest-Record Discrimination Claims Survive Dismissal, Court HoldsIn Eustache v Board of Education of City School District of City of New York, No. 153619/19, 2022-01128, 998, 211 N.Y.S.3d 71, 2024 N.Y. Slip Op. 03228, 2024 WL 2964264 (N.Y.A.D. 1 Dept., June 13, 2024), the court, inter alia, held that plaintiff sufficiently alleged race discrimination under the New York State and City Human…
Read More Alleged Racial Comments, in Context of Sexual Harassment, Signaled Discriminatory Views on Race in Workplace, Court HoldsIn Huntley v. City of New York, No. 151697/2023, 2024 WL 3070013 (N.Y. Sup Ct, New York County June 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s constructive discharge claims asserted under the New York State and City Human Rights Laws. From the decision: The court further finds that Plaintiff has…
Read More NYPD Lieutenant Sufficiently Alleges Constructive Discharge, Court HoldsIn Huntley v. City of New York, No. 151697/2023, 2024 WL 3070013 (N.Y. Sup Ct, New York County June 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s gender-based discrimination and hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: Here, Plaintiff pleads…
Read More NYPD Lieutenant Sufficiently Alleges Gender DiscriminationIn M.H. v. Starbucks Coffee Company, 2024 WL 3089931 (S.D.N.Y. June 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under the New York State Human Rights Law. In sum, plaintiff, a Starbucks barista, alleged that she was raped by Justin Mariani, a shift supervisor.…
Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal Against StarbucksIn David v. The City of New York, No. 156939/2023, 2024 WL 3070011 (N.Y. Sup Ct, New York County June 20, 2024), the court denied defendant’s motion to dismiss plaintiff’s failure-to-accommodate disability claim asserted under the New York City Human Rights Law. From the decision: Here, Plaintiff has sufficiently alleged that, as a uniformed officer…
Read More NYPD Officer Sufficiently Alleges Failure-to-Accommodate Disability Discrimination Claim, Court HoldsIn Lopez v. Trahan, No. 155637/2020, 2024 WL 3070014 (N.Y. Sup Ct, New York County June 20, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of intentional infliction of emotional distress. From the decision: To establish a claim for intentional infliction of emotional distress, a Plaintiff must show (1) extreme and…
Read More Intentional Infliction of Emotional Distress Claim Survives Summary Judgment; Court Cites Allegations of Derogatory Comments and Physical Abuse