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 Harris v City of New York, No. 156195/2024, 2025 N.Y. Slip Op. 25067, 2025 WL 866041 (Sup Ct, Mar. 19, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of weight discrimination under the New York City Human Rights Law. In sum, plaintiff – after taking and passing a civil service…
Read More Court Considers the Pleading Standard For Weight Discrimination Under the NYC Human Rights LawIn Dedewo v CBS Corporation, No. 158386/22, 2024-00838, 3945, 2025 N.Y. Slip Op. 01712, 2025 WL 863866 (N.Y.A.D. 1 Dept., Mar. 20, 2025), the court affirmed the lower court’s order dismissing plaintiff’s claims for race and sex discrimination and retaliation under the New York City Human Rights Law. From the decision: To the extent plaintiff’s…
Read More Federal Court Decision Precludes NYC Human Rights Law Claims, First Department HoldsIn Hamilton v. Siemens Healthcare Diagnostics, Inc., 2025 WL 863572 (S.D.N.Y. March 18, 2025), the court, inter alia, dismissed plaintiff’s hostile work environment claims. After summarizing the black-letter law, the court applied it to the facts as follows: Plaintiff alleges that he experienced “a pattern of activity aimed at bringing about [his] resignation.” (Am. Compl.…
Read More Hostile Work Environment Claims Dismissed; Allegations Failed to Rise to the Level of “Severe or Pervasive”; Causation Not ShownIn Matter of Pedro Osorio v. New York State Division of Human Rights and McAlpin Industries, Inc., No. 201, 24-01441, 2025 WL 877798 (N.Y.A.D. 4 Dept., Mar. 21, 2025), the court, inter alia, held that petitioner’s retaliation claim was properly dismissed by the State Division of Human Rights’ determination that petitioner was not subjected to…
Read More Coughing/Sneezing on Supervisor Was Legitimate Reason For Termination; Hostile Work Environment and Retaliation Claims Properly DismissedIn Beniquez v. New York Sate Unified Court System and Gerald Filomio, 23cv7735 (DLC), 2025 WL 861299 (S.D.N.Y. March 18, 2025), the court, inter alia, denied an individual defendant’s motion for summary judgment dismissing plaintiff’s claims of gender discrimination (hostile work environment sexual harassment) asserted under the New York State and City Human Rights Laws.…
Read More Sexual Harassment Claims Under the NYS and NYC Human Rights Laws Survive Against Individual DefendantIn Alcy v. Northwell Health, Inc., 2025 WL 835647 (S.D.N.Y. March 14, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of a race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: With respect to Portoro, Plaintiff alleges that discriminatory…
Read More Title VII Hostile Work Environment Claim, Based on Alleged Race-Based Comment (But Not Disproportionate Workload) Survives Summary JudgmentIn Hoffman v St. Bonaventure University, No. 24-00445, 866.1, 226 N.Y.S.3d 790, 2025 N.Y. Slip Op. 00763, 2025 WL 427098 (N.Y.A.D. 4 Dept., Feb. 07, 2025), the court reversed a lower court’s denial of defendant’s motion for summary judgment on plaintiff’s sex and religious beliefs. From the decision: Plaintiff commenced this employment discrimination action alleging…
Read More Sex/Religion Discrimination Failure-to-Hire Claims DismissedIn Shelton v. University Healthcare System, L.C., 2025 WL 816293 (E.D.La. March 14, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive on Title VII’s “severe or pervasive” standard for assessing such claims. From…
Read More Title VII Hostile Work Environment Claim Dismissed; Additional Workload Did Not Amount to “Severe or Pervasive” HarassmentIn Hayes v. G&E Real Estate Management Services d/b/a Newmark, 24-cv-01459 (ER), 2025 WL 769162 (S.D.N.Y. March 11, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under 42 U.S.C. § 1981. Plaintiff asserted that she suffered discrimination in the form of various “adverse employment actions” – including…
Read More Race Discrimination Claim Survives Dismissal; Under Muldrow Standard, Negative Performance Review Was an “Adverse Employment Action”In Gil-Frederick v. The City of New York, No. 155628/2023, 2025 WL 804677 (N.Y. Sup Ct, New York County Mar. 13, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims under the New York State and City Human Rights Laws. From the decision: Both the NYSHRL and the NYCHRL make it…
Read More Retaliation Claims Survive Dismissal; Accommodation Requests Denied Following Internal Complaints of Discrimination