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…
Read More Sticky: About This Blog; DisclaimerIn Poppito v. Northwell Health, Inc., 15-cv-7431, 2019 WL 3767504 (EDNY Aug. 9, 2019), the plaintiff alleged that she was terminated due to her age, gender, and protected activities. The court, noting defendants’ citation of “an enormous catalog of misconduct by plaintiff”, grants defendants’ motion for summary judgment. After summarizing the burden-shifting framework applicable to…
Read More Discrimination Claims Dismissed; Termination Based on Plaintiff’s Misconduct, Not Unlawful DiscriminationIn Troise v. SUNY Cortland NY, 2019 WL 3817387 (NDNY 2019), the court, inter alia, held that plaintiff sufficiently alleged a gender-based failure-to-hire claim. From the decision: Here, considering the allegations in the light most favorable to the non-movant, Plaintiff alleges that he and a woman applied for the same position. (Dkt. No. 1; Dkt.…
Read More Title VII Failure-to-Hire Claim Sufficiently Alleged by Male Plaintiff, Court RulesMotion practice in New York litigation is governed by a variety of overlapping provisions, including those set forth in the New York Civil Practice Law and Rules (CPLR), “Uniform Rules”, local/judges’ rules, and case law. Section 202.7 of the Uniform Civil Rules for the Supreme and County Courts, titled “Calendaring of motions; uniform notice of…
Read More 2d Dept.: Affirmation of Good Faith May Be Contained in Primary AffirmationIn MacAlister v. Millennium Hotels & Resorts et al, 2019 WL 3765825 (S.D.N.Y. August 9, 2019), the court held, inter alia, that plaintiff – a white American woman over the age of 40 – sufficiently alleged discrimination and a hostile work environment based on her age. gender and race. As to plaintiff’s discrimination claims, the…
Read More “Old White Bitch” Among Comments Held Sufficient to Allege Age/Race/Gender Discrimination & Hostile Work Environment ClaimsIn Gayle v. Children’s Aid College Prep Charter School et al, 18-cv-9874, 2019 WL 3759097 (SDNY July 29, 2019), the court dismissed the sexual harassment claim of plaintiff – an employee of a federally-funded educational institution – brought under Title IX of the Education Amendments of 1972, finding that Title VII of the Civil Rights…
Read More Instructor at Federally-Funded School Had Exclusive Remedy for Sexual Harassment Under Title VII, Not Title IX, Court RulesToday, Governor Cuomo signed legislation (A8421 / S6577) that substantially strengthens the New York State Human Rights Law, particularly with respect to sexual harassment. Among other things, the legislation: Eliminates the “severe or pervasive” standard for hostile work environment claims; Eliminates the so-called “Faragher/Ellerth defense” to hostile work environment claims, in that “[t]he fact that…
Read More Governor Cuomo Signs Legislation Strengthening the New York State Human Rights LawIn a recently-filed lawsuit – captioned Leibowitz v. New York County Lawyers Association et al, NY Sup. Ct. Kings Cty. Index No. 517381/2019 (filed Aug. 7, 2019) – plaintiff alleges that the New York County Lawyers Association (and other individually-named defendants) discriminated against her because of her gender/pregnancy and retaliated against her. Plaintiff alleges, inter…
Read More Pregnancy Discrimination Lawsuit Against the NY County Lawyers Associationn Irons v. The City of New York, 16-cv-3708, 2019 WL 3752870 (EDNY Aug. 8, 2019), the court, inter alia, denied defendant City’s motion for summary judgment on plaintiff’s employment discrimination and hostile work environment claims.[1]As with many blog posts, here I have addressed only a subset of this lengthy and detailed decision; the reader…
Read More NYPD Sergeant’s Hostile Work Environment Claim Survives Summary JudgmentIn Irons v. The City of New York, 16-cv-3708, 2019 WL 3752870 (EDNY Aug. 8, 2019), the court, inter alia,[1]As with many blog posts, here I have addressed only a subset of this lengthy and detailed decision; the reader is encouraged to review the decision in its entirety. denied defendant City’s motion for summary judgment…
Read More NYPD Sergeant’s Race, Gender Discrimination Claims Survive Summary JudgmentIn a recent case, Palmer v. Cook, 2019 NY Slip Op 29240 (Sup. Ct. Qns. Cty. Aug. 5, 2019), the court, inter alia, held that plaintiff sufficiently stated a claim for “caregiver status” discrimination under the New York City Human Rights Law.[1]As with many blog posts, here I have addressed only a subset of this…
Read More Caregiver Status Discrimination Claim Sufficiently Alleged, Court Finds