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Sticky: About This Blog; Disclaimer

December 26, 2015

Thank you for visiting the Pospis Law Blog (the “Blog”), maintained by Pospis Law, PLLC (the “Firm”). The Blog primarily provides general information regarding developments in the New York law in our primary practice areas of employment discrimination, sexual harassment, and personal injury. In addition to our general website disclaimer (which is incorporated by reference), the following […]

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Court Quashes Non-Party Subpoenas in Sexual Harassment Case [Hughes v. Twenty-First Century Fox]

April 25, 2018

In Hughes v. Twenty–First Century Fox, Inc., 17-cv-7093, 2018 WL 1936096 (S.D.N.Y. April 24, 2018),  a sexual harassment case, the court quashed defendants’ non-party subpoenas. From the decision: This Court need not consider Defendants’ argument that the subpoenaed information will assist them in formulating the defense of absolute truth with respect to Hughes’ defamation claims because […]

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Employment Discrimination Complaint Properly Dismissed as Time-Barred; July 4th Holiday Did Not Warrant Equitable Tolling [Ko v. JP Morgan Chase]

April 24, 2018

In Ko v. JP Morgan Chase Bank, N.A., 17-2743, 2018 WL 1830460 (2d Cir. April 17, 2018) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s claims under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 as untimely. […]

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City Law Sexual Harassment Claim Survives Dismissal [Jones v. City of NY]

April 23, 2018

In Jones v. The City of New York, 150316/12, 2018 WL 1256993 (N.Y.Sup.), 2018 N.Y. Slip Op. 30398(U), the court granted defendant’s motion for summary judgment as to plaintiff’s claim for sexual harassment under the New York State Human Rights Law. It reached the opposite conclusion, however, with respect to plaintiff’s claim under the New […]

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Ninth Circuit Holds that Salary History May Not Justify Gender Pay Differential Under the Equal Pay Act [Rizo v. Yovino]

April 22, 2018

In Rizo v. Yovino, No. 16-15372 (9th Cir. Apr. 9, 2018) (en banc), an en banc (i.e., full) panel of the U.S. Court of Appeals for the Ninth Circuit held that prior salary alone or in combination with other factors cannot justify a wage differential between male and female employees under the “catchall” exception of the […]

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On Starbucks, “Sitting While Black,” and Public Accommodation Discrimination

April 21, 2018

Much has been written about an unfortunate incident in which two black men – Rashon Nelson and Donte Robinson – were arrested while waiting for their friend/colleague in a Philadelphia Starbucks on April 12, 2018. For a recap, this article summarizes what happened and relatively recent developments, including Messrs. Nelson’s and Robinson’s retention of counsel.[1]If you […]

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Sexual Harassment “Label” Insufficient; Claim Dismissed

April 20, 2018

In Gray v. Onondaga-Cortland-Madison Boces, 16-973, 2018 WL 1804694 (N.D.N.Y. April 13, 2018), the court held that plaintiff’s sexual harassment claim did not sufficiently allege that claim. The court explained the procedural framework for evaluating the sufficiency of claims in federal complaints: Fed. R. Civ. P. 8(a)(2) requires that a pleading contain “a short and […]

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Hostile Work Environment Claim Dismissed; While Conduct Was “Abusive” There Was No Basis For Imputing it to Employer

April 19, 2018

In Murphy v. Wappingers Central School District, 15-cv-7460, 2018 WL 1831847 (S.D.N.Y. April 16, 2018), the court dismissed plaintiff’s hostile work environment claim. In sum, the court held that the alleged harasser (DeFazio) created an “abusive” environment for the plaintiff, but that plaintiff could not show that the harasser’s conduct should be imputed to the […]

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Sex-Based Hostile Work Environment Claim Not Demonstrated by Comments About Inappropriate Clothing, Infertility

April 18, 2018

In Linell v. New York City Department of Education, 15-CV-5085, 2018 WL 1611370 (E.D.N.Y. March 30, 2018), the court dismissed plaintiff’s sex-based hostile work environment claim. The court explained: To substantiate her gender-based hostile work environment claim, Edelmann testified that Oberle told Edelmann that she was dressed “inappropriately” when she wore a long t-shirt over […]

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Probationary Employee Properly Terminated, Court Holds

April 17, 2018

From Matter of Leka v. New York City Law Dept., 2018 NY Slip Op 02549 (App. Div. 1st Dept. April 12, 2018): A probationary employee may be terminated without a hearing, for any reason or no reason at all, as long as the dismissal is not unlawful or in bad faith (see Matter of Che Lin Tsao […]

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Religious Discrimination (Hostile Work Environment) Claim Not Stated

April 16, 2018

In Salas v. New York City Department of Investigation, 2018 WL 1614339, 16-cv-8573 (S.D.N.Y. March 30, 2018), the court (inter alia) held that plaintiff failed to state a religious discrimination (hostile work environment) claim. From the decision: Salas has failed to allege even a single instance where she or a coworker was personally harassed on the […]

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