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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 law of New York in our primary practice areas of employment discrimination, sexual harassment, and personal injury. The website’s general disclaimer (which is incorporated by reference) likewise applies to the […]

Court Explains Remittitur of $624,000 Emotional Distress Damages Award to $125,000 in Disability Discrimination Case

December 18, 2018

In Duarte v. St. Barnabas Hospital, 15-CV-6824, 2018 WL 4440501 (S.D.N.Y. Sept. 17, 2018) – a disability discrimination case – the court held, inter alia, that a jury award of $624,000 for compensatory/emotional distress damages was too high, and that $125,000 was more appropriate. To do this, the court employed the procedural mechanism of “remittitur.” After explaining […]

The “Bona Fide Occupational Qualification” (“BFOQ”) in Employment Law

December 17, 2018

Generally, the anti-discrimination laws – such as Title VII of the Civil Rights Act of 1964 – prohibit discrimination against employees and applicants based on certain protected characteristics (as in the case of Title VII, race, color, religion, sex, and national origin). That said, there exists a (limited) exception, where such a characteristic is […]

Settling an Employment Discrimination Case: The Agreement

December 16, 2018

Employment discrimination cases are often resolved by settlement – i.e., a negotiated agreement for the parties to discontinue a case on agreed-upon terms. A settlement can be reached either before or after the commencement of litigation. In many, if not most, cases, the agreement will be reduced to a writing and signed by the parties. […]

Can You Be Fired For Non-Work (Mis)Conduct?

December 15, 2018

One doesn’t have to go very far into the Interwebs to find stories, often accompanied by video(s), of people behaving badly. Recent examples include a lawyer’s racist tirade at a midtown deli, and a woman’s racist outburst on a NYC subway train. If – and, let’s face it, when – their employer(s)[1]As always, unless otherwise […]

Citing the “Stray Remarks” Doctrine, Court Dismisses Plaintiff’s Age and Race Discrimination Claims

December 14, 2018

In Martin v. City University of New York, 2018 WL 6510805 (S.D.N.Y. Dec. 11, 2018), the court, inter alia, dismissed plaintiff’s age and race discrimination claims. In doing so, the court cited and applied the so-called “stray remarks” doctrine. In support of the “inference of discrimination” element of plaintiff’s prima facie case, plaintiff advanced the following four remarks […]

Court Finds That “No Probable Cause” Determination Did Not Preclude Litigation of § 1981 Race Discrimination Claim in Court

December 13, 2018

In Martin v. City University of New York, 2018 WL 6510805 (S.D.N.Y. Dec. 11, 2018), the court, inter alia, rejected defendants’ argument that plaintiff is precluded from litigating his § 1981 claims in the instant action, because plaintiff presented those allegations to the New York State Division of Human Rights (SDHR), which rejected them on the merits. […]

Age-Based Hostile Work Environment Insufficiently Alleged

December 12, 2018

In Giordani v. Legal Aid Society, 17-CV-5569, 2018 WL 6199553 (E.D.N.Y. Nov. 27, 2018), the court held, inter alia, that plaintiff failed to plead an age-based hostile work environment claim. From the decision: While Plaintiff’s hostile work environment claim is largely based on a series of unpleasant interactions with his colleagues, some of the incidents […]

Retaliation Claim Continues Against EmblemHealth; Summary Judgment Denial Affirmed

December 11, 2018

In Cook v. EmblemHealth Servs. Co., LLC, 2018 NY Slip Op 08433 (App. Div. 1st Dept. Dec. 11, 2018), the First Department unanimously affirmed the denial of defendants’ motion for summary judgment on plaintiff’s retaliation claim under the New York City Human Rights Law. From the decision: The temporal proximity between plaintiff’s complaints to his employer […]

Court Dismisses Title VII Sexual Harassment Complaint Against Individual Defendants

December 10, 2018

In Chin v. Alejandro Torres et al, 2018 WL 6435898, at *2 (N.D.N.Y. Dec. 7, 2018), the court dismissed plaintiff’s sexual harassment complaint, citing the well-established principle that Title VII of the Civil Rights Act of 1964 is not applicable against individual defendants. As summarized by the court, plaintiff “alleges that she was employed in […]

Car Accident Case Survives Summary Judgment; Plaintiff Not Shown to be the Sole Proximate Cause of Accident

December 9, 2018

In Alatsas v Sacchetti, 2018 NY Slip Op 08270 (App. Div. 2nd Dept. Dec. 5, 2018), a personal injury car accident case, the court affirmed the lower court’s decision denying summary judgment to defendant. The court explained: The City defendants failed to establish their prima facie entitlement to judgment as a matter of law. While […]

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