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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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Hostile Work Environment Claims Resurrected From Dismissal on Timeliness Grounds

February 23, 2018

From Abdelal v. Kelly, No. 17-1166, 2018 WL 992307 (2d Cir. Feb. 21, 2018) (Summary Order): The district court analyzed timeliness based solely on the IAB investigation that concluded on September 30, 2009. But Abdelal presented evidence of alleged harassment after that date. He contends that the Level II performance monitoring, which continued until September […]

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Sexual Harassment Lawsuit Against Le Bernardin

February 22, 2018

Below is a copy of the federal court complaint, captioned Avery v. Le Bernardin, Inc. et al, SDNY 18-cv-00626 (filed Jan. 24, 2018), against restaurant Le Bernardin, Inc., Maguy Le Coze, and Eric Ripert. The complaint alleges, inter alia, that defendant failed to pay plaintiff lawful wages; that “Women at Le Bernardin are sexually harassed, […]

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Court Dismisses National Origin Discrimination, Hostile Work Environment Claims; No Basis to Infer Anti-Vietnamese Animus

February 21, 2018

In Lai v. Deiorio Foods, Inc., 15-CV-0195, 2018 WL 987258 (N.D.N.Y. Feb. 20, 2018), the court granted defendant’s motion for summary judgment on plaintiff’s claims of national origin discrimination and national origin-based hostile work environment. As to plaintiff’s discrimination claim, the court explained: Plaintiff alleges that Kucevic harbored bias against her. Exs. at 11–12. However, […]

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2d Circuit: Jury May Decide Whether Plaintiff Was an “Employee” or “Independent Contractor” in Title VII Retaliation Suit

February 20, 2018

In Knight v. State University of New York at Stony Brook, 880 F.3d 636 (2d Cir. Jan. 29,  2018), the Second Circuit held that “a trial court does not commit error by submitting the question of whether the plaintiff was the defendant’s employee to the jury.” In this case, plaintiff (an African-American electrician) sued Defendant […]

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ADA Hostile Work Environment Claim Properly Dismissed; Most of Alleged Harassment Related to Plaintiff’s Sexual Orientation

February 19, 2018

In Dollinger v. New York State Insurance Fund, 2018 WL 832904 (2d Cir. Feb. 13, 2018) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim under the Americans with Disabilities Act. From the Order: The District Court also correctly dismissed Dollinger’s ADA hostile-work-environment claim. We have not yet […]

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Teacher/Coach’s Age Discrimination, Retaliation Claims Survive Dismissal

February 18, 2018

In Hausdorf v. New York City Department of Education, 2018 WL 895657 (S.D.N.Y. Feb. 14, 2018), the court adopted a Report & Recommendation as to plaintiff’s age discrimination and retaliation claims.((The court also upheld the dismissal of plaintiff’s hostile work environment claims (as insufficiently “hostile”) other claims under the NYCHRL’s election-of-remedies doctrine and failure to […]

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Gender Discrimination Lawsuit Against Point72 Asset Management, Steven Cohen

February 17, 2018

In a recently-filed lawsuit, captioned Lauren Bonner v. Point72 Asset Management, L.P., Steven A. Cohen, et al (SDNY 18-cv-1233 filed 2/12/18), plaintiff asserts, among other things, that defendant engaged in gender discrimination by, e.g., holding “no girls allowed” meetings and paying female employees “substantially less than their male counterparts.” She also alleges that the President […]

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2d Circuit: Defendant Has Burden on “Administrative Exhaustion” For Title VII Employment Discrimination Claims

February 16, 2018

The law is well-settled that in order to file a claim for employment discrimination under Title VII of the Civil Rights Act of 1964 in federal court, a plaintiff “must first pursue available administrative remedies and file a timely complaint with the [U.S. Equal Employment Opportunity Commission].” See 42 U.S.C. § 2000e–5(e) and (f). This […]

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Racially Hostile Work Environment Claim Dismissed; Humiliation, Teasing etc. Insufficient

February 15, 2018

From Polite v. Khan Funds Management America, Inc., 2018 WL 894394 (S.D.N.Y. Feb. 5, 2018): Even assuming for purposes of this motion that KFMA is subject to Title VII, Plaintiff’s allegations still fail to state a claim for employment discrimination. Plaintiff has not alleged that his co-workers’ comments and behavior were either sufficiently pervasive or […]

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NY Court of Appeals Outlines Standards for Social Media Discovery

February 14, 2018

In Forman v. Henkin, 2018 NY Slip Op 01015 (N.Y. Ct. App. Feb. 13, 2018), a personal injury case, the New York Court of Appeals provided guidance on how courts should evaluate discovery requests for discovery of information from litigants’ social media accounts. Judge DiFiore wrote: [C]ourts addressing disputes over the scope of social media discovery should […]

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