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 Farmer v. Mizuho Securities USA LLC, No. 151348/2024, 2025 WL 1786172 (N.Y. Sup Ct, New York County June 25, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s allegations of retaliation under the New York State and City Human Rights Laws. From the decision: [P]laintiff alleged that in early December 2020 and…
Read More Retaliation Claims Survive Dismissal, Allegations Included Acceptance of “Resignation” Following Complaints of “Sexist Attitude” Under NYS and NYC Human Rights LawsIn Nazario v. ByteDance, Inc., TikTok, Inc., Meta Platforms, Inc. et al, 2025 WL 1780792 (Sup. Ct. N.Y. Cty. June 27, 2025) – a case arising from the “subway surfing” death of fifteen-year-old Zackery Nazario – the court, inter alia, denied the motion to dismiss plaintiff’s complaint alleging various claims against the social media defendants,…
Read More Section 230 Did Not Bar Claims Against TikTok & Meta Arising From “Subway Surfing” DeathIn Brantley v. American Airlines, Inc., 2025 WL 1837472 (D.Nev. July 3, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race, color, or gender discrimination claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: Brantley’s complaint also contains a Title VII discrimination claim on the theory…
Read More Race, Color, Gender Discrimination Claims Dismissed Against American Airlines; Plaintiff Granted Leave to Amend ComplaintIn Shinn v. Pennsylvania School Boards Association, CIVIL NO. 1:23-cv-02097, 2025 WL 1839494 (M.D.Pa. July 3, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, Shinn’s alleged workplace harassment was neither…
Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed; Leave to Amend Complaint GrantedOn this Independence Day (2025), it is worthwhile to reflect on the ideals on which our country was founded. On example is the right to trial by jury. As recently summarized by the court in Texas v. Google LLC, 2025 WL 1713256 (E.D.Tex. June 18, 2025): The abrogation of the right to trial by jury…
Read More Jury Trials, the Seventh Amendment, and the Declaration of IndependenceIn Bulic v. Celebrity Cruises, Inc., No. 25-21231-CIV-ALTONAGA/Reid, 2025 WL 1783865 (S.D.Fla. June 27, 2025), the court denied defendant’s motion to compel arbitration, based on its interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). The court summarized the facts as follows: This case arises from an alleged incident of nonconsensual…
Read More Court Denies Motion to Compel Claims Arising From Alleged Cruise Ship Sexual Assault; Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act AppliedIn Williams v. NYC DSS-HRA, No. 101114/2024, 2025 WL 1810234 (N.Y. Sup Ct, New York County July 01, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s age-based hostile work environment claim under the New York City Human Rights Law. From the decision: Plaintiffs also attempt to plead a hostile work environment under…
Read More Hostile Work Environment Claim Dismissed; Allegations Evidenced “Workplace Frustration ” and “Inter-Personal Issues”In Vargas v. City of New York, No. 151379/2024, 2025 WL 1797597 (N.Y. Sup Ct, New York County June 30, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race- and gender-based discrimination and hostile work environment claims asserted under the New York State and City Human Rights Laws. From the…
Read More Race, Sex Discrimination & Hostile Work Environment Claims Sufficiently Alleged Against City of New YorkIn Esqueda, M.D., Jonathan v. NYU Langone Hospitals, 2025 WL 1785870 (SDNY June 27, 2025), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s race- and national origin-based hostile work environment claims asserted under Title VII of the Civil Rights Act and 42 U.S.C. § 1981. After summarizing the black-letter law applicable…
Read More Race, National Origin-Based Hostile Work Environment Claims Dismissed; Alleged Mocking of Accent InsufficientIn Zimpfer v. Hilbert College, Case No. 1:21-cv-231, 2025 WL 1758266 (W.D.N.Y. June 25, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim asserted under the (amended) New York State Human Rights Law. From the decision: As to the NYSHRL hostile-work-environment claim, Defendants cite authority indicating that…
Read More Hostile Work Environment Claim Sufficient to Withstand Summary Judgment Under Newly-Amended NYS Human Rights Law