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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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The Dangers of Failing to Report Workplace Sexual Harassment

September 24, 2018

As you may know, SCOTUS nominee Brett Kavanaugh stands accused of engaging in sexual misconduct against one, and possibly several, women, including Dr. Christine Blasey Ford. The allegations are based on conduct that allegedly occurred decades ago. This, predictably, has resulted in significant discussions, on social media and likely elsewhere, about the nature and likely […]

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Hostile Work Environment Claims Dismissed Against NYS Gaming Commission

September 23, 2018

In Wolfe-Santos v NYS Gaming Com’n, No. 160963/16, 2018 WL 4350325, at *4, 2018 N.Y. Slip Op. 32247(U), 4 (Sup Ct, New York County Sep. 12, 2018), the court dismissed plaintiff’s hostile work environment claims under the NYS and NYC Human Rights Laws. Initially, the court explained the legal standards for such claims: A hostile work […]

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Magistrate’s Dismissal of Title VII Race Discrimination Claim Against FEMA Adopted

September 22, 2018

In Dawson v. William Brock Long, Administrator of the Federal Emergency Management Agency, 2018 WL 4519199 (S.D.N.Y. Sept. 20, 2018), the court adopted a Magistrate Judge’s Report & Recommendation that defendant’s summary judgment motion be granted on plaintiff’s claims of race discrimination under Title VII of the Civil Rights Act of 1964. After agreeing that […]

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“Temporary” Employee May Pursue Discrimination Claims Against HP

September 21, 2018

In Gilani v. Hewlett-Packard Company, 15-CV-5609, 2018 WL 4374002 (S.D.N.Y. Sept. 12, 2018), the court addressed the issue of whether Hewlett-Packard was plaintiff’s “employer” for purposes of Title VII and the ADEA. Plaintiff was, pursuant to employment contract, “formally” employed by a company called Insight Global and worked at an HP location. Because of the […]

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Hostile Work Environment Claims Dismissed; Eleven Incidents Over Five Years Insufficient

September 20, 2018

In Berrie v. Board of Education of Port Chester-Rye Union Free School District, 2018 WL 4462587 (2d Cir. Sept. 18, 2018) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s race discrimination/hostile work environment claims. This case illustrates how courts apply the “severe or pervasive” standard when evaluating hostile work environment claims. Here, unfortunately, […]

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Second Circuit Affirms Dismissal of Discrimination Claims; “Write Up” Threat Insufficient

September 19, 2018

In Vaigasi v. Solow Management Corporation, et al. , 17-784-cv (2d Cir. Sept. 14, 2018) (Summary Order), the court affirmed the dismissal of plaintiff’s claims, including those for gender, religious, and age discrimination. As to his gender discrimination claim, the court states: Vaigasi does not plausibly allege that his gender was a basis for any of […]

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Hostile Work Environment Claim Survives Dismissal; Anti-Italian Slurs Were “Pervasive”

September 18, 2018

In  Casarella v. New York State Department of Transportation, 2018 WL 4372674 (S.D.N.Y. Sept. 13, 2018), the court, inter alia, held that plaintiff plausibly alleged a hostile work environment claim under Title VII of the Civil Rights Act of 1964. “To establish a hostile work environment claim, a plaintiff must produce enough evidence to show […]

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Plaintiff Plausibly Alleges Title VII National Origin Discrimination Claim

September 17, 2018

From Casarella v. New York State Department of Transportation, 2018 WL 4372674 (S.D.N.Y. Sept. 13, 2018): Plaintiff has sufficiently alleged he is part of a protected class and that he was qualified for his position to satisfy the motion to dismiss standard. (Compl. ¶¶ 25–29.) However, whether Plaintiff sufficiently alleged that he was subject to […]

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Defect Was Not “Trivial” as a Matter of Law; Trip/Fall Case Continues

September 16, 2018

In Suarez v. Emerald 115 Mosholu LLC, 2018 NY Slip Op 06059 (App. Div. 1st Dept. Sept. 13, 2018) – a trip-and-fall personal injury case – the court held that the alleged defect was not “trivial” as a matter of law and, therefore, that plaintiff’s case should not have been dismissed on summary judgment. The facts, […]

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Title VII Race Discrimination Claim Survives Against NYS Dept. of Motor Vehicles

September 15, 2018

In Calise v. New York State Department of Motor Vehicles, 17-cv-791, 2018 WL 4350247 (S.D.N.Y. Sept. 12, 2018), plaintiff, a white woman, asserted claims of race discrimination – based on alleged mistreatment by her boss, who is black – under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, 42 U.S.C. […]

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