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 Parms v. Morgan Truck Body, LLC, Case No. 5:22-cv-2095, 2023 WL 3763578 (N.D. Ohio June 1, 2023), the court held that plaintiff’s EEOC charge sufficiently set forth a claim of sexual harassment and, thus, that that claim was administratively exhausted. The court explained: Generally, a plaintiff cannot bring claims in a lawsuit that were…
Read More Sexual Harassment Claim Administratively Exhausted at the EEOC, Court RulesIn Boswell v. The 706 Condominium, No. 157018/2021, 2023 WL 3738426 (N.Y. Sup Ct, New York County May 31, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s housing discrimination claim under the New York City Human Rights Law. From the decision: Plaintiffs have sufficiently alleged a claim under the NYCHRL. Plaintiffs allege…
Read More Complaint Sufficiently Alleges Housing Discrimination Under the NYC Human Rights LawIn Yu et al v. Shanghai Dumpling, Inc. et al, 2023 WL 3728347 (S.D.N.Y. May 30, 2023), the court, inter alia, granted plaintiff’s motion for default judgment on plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act. From the decision: Plaintiff’s first cause of action asserts a claim for employment discrimination…
Read More Age Discrimination (Termination) Claim Sufficiently Alleged Against Shanghai Dumpling; Default Judgment AwardedIn Pisano v. Reynolds, No. 653347/2022, 2023 WL 3601527, 2023 N.Y. Slip Op. 31741(U) (N.Y. Sup Ct, New York County May 23, 2023), the court, inter alia, held that New York Labor Law § 740 – New York’s “whistleblower” statute – did not apply retroactively. Notably, the New York legislature recently broadened this statute to…
Read More Labor Law § 740 Not Applied Retroactively; Events Forming Basis For Claims Preceded Statute’s Substantial ExpansionIn Kocher v. Denis R. McDonough, Secretary of Veterans Affairs, Civil Action No. 22-3808, 2023 WL 3689702 (E.D.Pa. May 26, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. the court held that…
Read More Retaliation Claim, Based on Adverse Actions Following Filing of EEO Complaint, Sufficiently AllegedIn Brown v. Denis R. McDonough, in his official capacity as Secretary of Veterans Affairs, 2023 WL 3646933 (D.D.C., May 25, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim(s). The court explained: Although it is clear from her allegations that Ms. Brown had an acrimonious relationship with several…
Read More “Acrimonious” Relationship With Supervisors Did Not Constitute Hostile Work Environment, Court HoldsSome say that relatively new generative AI technology is set to disrupt one or more industries – including law. In light of a recent development, I’d say that’s a bit of an overstatement. In a recent case, Mata v. Avianca, Inc., pending in the U.S. District Court for the Southern District of New York, Civil…
Read More An Excellent Reason Not to Rely on Chat GPT For Legal ResearchIn Bobowicz v. Holy Name Medical Center, Inc., 2023 WL 2579058 (N.J.Super.A.D. March 21, 2023), the court affirmed the dismissal of plaintiff’s sexual harassment claim. From the decision: Plaintiffs assert this case is subject to the Lehmann standard, which concerns sexual harassment that creates a hostile work environment. Lehmann v. Toys ‘R’ Us, Inc., 132…
Read More Sexual Harassment Claim Properly Dismissed in Light of Consensual Nature of Relationship, Court HoldsIn Rabinowitz v. St. Joseph’s Regional High School, Roman Catholic Archdiocese of Newark, Civil Action No. 18-16498 (JXN) (ESK), 2023 WL 3597633 (D.N.J. May 23, 2023), the court denied defendants’ motion for summary judgment on plaintiff’s claim of religion-based hostile work environment under Title VII of the Civil Rights Act of 1964 and the New…
Read More Student-on-Teacher Anti-Semitic-Based Hostile Work Environment Claim Survives Summary JudgmentIn Snowden v. Susan Southerton, County of Sullivan and Sullivan County Adult Care Center, 22-cv-514, 2023 WL 3601654 (S.D.N.Y. May 23, 2023), the court, inter alia, held that plaintiff plausibly alleged claims of race/color discrimination. From the decision: Moreover, plaintiff alleges other facts that indirectly show discrimination by giving rise to a plausible inference of…
Read More Race Discrimination Claims Sufficiently Alleged; Allegations Include Remarks About Hair