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 Sfanos v. Cranberry Crossroads Dining Venture, LLC, 2:23-CV-1502, 2024 WL 4827171 (W.D.Pa. Nov. 19, 2024), the court, inter alia, held that plaintiff sufficiently alleged an age-based hostile work environment claim under the Age Discrimination in Employment Act (ADEA). From the decision: Ms. Sfanos’s age-specific allegations are thinner, but they too are enough for now.…
Read More Age-Based Hostile Work Environment Claim Survives DismissalIn Sfanos v. Cranberry Crossroads Dining Venture, LLC, 2:23-CV-1502, 2024 WL 4827171 (W.D.Pa. Nov. 19, 2024), the court, inter alia, held that plaintiff sufficiently alleged a sex-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Most of Ms. Sfanos’s sex-related allegations amount to inappropriate comments of…
Read More Sex-Based Hostile Work Environment Claim Survives Dismissal; Allegations Include Sexual Comments and a “Humping Gesture”In Ellis v. The City of New York, No. 157791/2023, 2024 WL 4894431 (N.Y. Sup Ct, New York County Nov. 25, 2024), the court, applying the “election of remedies” doctrine under the New York State Human Rights Law, dismissed plaintiff’s complaint for employment discrimination. From the decision: Here, Plaintiff initiated an action with the NYSDHR…
Read More Discrimination Claims Dismissed Under the “Election of Remedies” DoctrineIn Snowden v. County of Sullivan, 22 CV 514 (VB), 2024 WL 4882700 (S.D.N.Y. Nov. 25, 2024), the court denied defendant’s motion for summary judgment on plaintiff’s claim of race discrimination asserted under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law, including the McDonnell Douglas burden-shifting framework applicable to…
Read More Race Discrimination Claim, Arising From Suspension, Survives Summary JudgmentIn Jordan v. City of New York, 23cv4962 (DLC), 2024 WL 4872186 (S.D.N.Y. November 22, 2024), the court held/confirmed that requesting a “reasonable accommodation” is not “protected activity” in connection with asserting a retaliation claim under the New York State Human Rights Law. From the decision: When deciding a question of state law, federal courts…
Read More Requesting a “Reasonable Accommodation” is Not “Protected Activity” Under the New York State Human Rights Law, SDNY HoldsIn Ibhawa v New York State Division of Human Rights, No. 100, 2024 N.Y. Slip Op. 05872, 2024 WL 4884944 (N.Y., Nov. 26, 2024), the New York Court of Appeals held that the the First Amendment’s “ministerial exception” did not deprive the New York State Division of Human Rights (DHR) of jurisdiction over the employee’s…
Read More Hostile Work Environment Claim’s Dismissal Per “Ministerial Exception” Was Erroneous, NY Court of Appeals HoldsIn Nolan Graber v. Cayuga Home For Children, 5:24-CV-468, 2024 WL 4870326 (N.D.N.Y. Nov. 22, 2024), the court, inter alia, held that plaintiff sufficiently alleged constructive discharge in violation of Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the decision: A constructive discharge occurs when…
Read More Constructive Discharge Sufficiently Alleged; Allegations Included Erosion of Role Following Participation in Age Discrimination InvestigationIn U.S. Equal Employment Opportunity Commission v. Council for Advancement of Social Services and Education, 2024 WL 4479882 (W.D.La. Oct. 10, 2024), the court, inter alia, held that the plaintiff sufficiently alleged a claim of retaliation under Title VII of the Civil Rights Act of 1964. After concluding that plaintiff sufficiently alleged a claim of race discrimination,…
Read More Title VII Retaliation Claim Sufficiently Alleged; Unpaid Leave Followed Complaint By One HourIn U.S. Equal Employment Opportunity Commission v. Council for Advancement of Social Services and Education, 2024 WL 4479882 (W.D.La. Oct. 10, 2024), the court, inter alia, held that the plaintiff sufficiently alleged a claim of race-based employment discrimination under Title VII of the Civil Rights Act of 1964. From the decision: As stated above, the…
Read More Race-Based Discrimination Claim Sufficiently Alleged; Contentions Included Replacement by White EmployeeIn Diaz-Roa v. Hermes Law, P.C. et al, 24-cv-2105 (LJL), 2024 WL 4866450 (SDNY Nov. 21, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of sexual harassment asserted under the New York State and City Human Rights Laws. From the decision: The complaint contains several paragraphs of conduct alleged to constitute…
Read More Sexual Harassment Claims Sufficiently Alleged; Allegations Included Focus on Plaintiff’s, But Not Male Employees’, Appearances