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 Wu v. Wunderkind Corp., No. 155165/2023, 2024 WL 4307855 (N.Y. Sup Ct, New York County Sep. 26, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of race & national origin discrimination asserted under the New York State and City Human Rights Laws. From the decision: That branch of defendant’s motion…
Read More Race & National Origin Discrimination Claims Sufficiently Alleged, Based on Alleged Negative Comments as to Plaintiff’s AccentIn Parham v. The City of New York, No. 450008/2021, 2024 WL 4373349 (N.Y. Sup Ct, New York County Oct. 2, 2024), the court denied defendants’ motion to dismiss plaintiff’s claims of race-based hostile work environment under the New York State and City Human Rights Laws. From the decision: A racially hostile work environment under NYSHRL…
Read More Race-Based Hostile Work Environment Sufficiently Alleged; Allegations Included Derogatory References to Fried ChickenIn Parham v. The City of New York, No. 450008/2021, 2024 WL 4373349 (N.Y. Sup Ct, New York County Oct. 2, 2024), the court denied defendants’ motion to dismiss plaintiff’s claims of race discrimination under the New York State and City Human Rights Laws. This decision is instructive because it underscores that there is no…
Read More Race Discrimination Claims Sufficiently Alleged Under the New York State & City Human Rights LawsIn Cruz v. Local 32BJ and Harvard Maintenance, Inc., 22 Civ. 3068 (PGG) (SDA), 2024 WL 4357036 (S.D.N.Y. Sept. 30, 2024), the court denied defendant’s motion to dismiss plaintiff’s claims of retaliation under Remove term: 42 USC § 1981, the New York State Human Rights Law, and the New York City Human Rights Law. From…
Read More Retaliation Claim, Based on 9-Day Gap Between Protected Activity and Adverse Action, Plausibly AllegedIn Moore v. Uncle Giuseppe’s Marketplace et al, 22-cv-544 (BMC), 2024 WL 4350691 (E.D.N.Y. Sept. 30, 2024), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim asserted under 42 USC § 1981. From the decision: I will assume arguendo, as some district courts within this Circuit have suggested, that “severe and pervasive” may…
Read More Race-Based Hostile Work Environment Claim Dismissed, in Light of “Wrath of God” Employer ResponseIn Lee v. Riverbay Corporation, No. 22-CV-7504-LTS, 2024 WL 4312166 (S.D.N.Y. Sept. 27, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. As…
Read More Hostile Work Environment Claims, Based on Asian Jokes, Survive DismissalIn Friedman v. Bloomberg, L.P., 2024 NY Slip Op 04602 (App. Div. 1st Dept. Sept. 26, 2024), the New York Appellate Division, First Department, unanimously affirmed the lower court’s denial of defendant’s motion for summary judgment dismissing plaintiff’s complaint for disability discrimination and failure to accommodate disability under the New York City Human Rights Law.…
Read More Disability Discrimination (Termination) Claim Survives Summary Judgment, 1st Dept. HoldsIn Friedman v. Bloomberg, L.P., 2024 NY Slip Op 04602 (App. Div. 1st Dept. Sept. 26, 2024), the New York Appellate Division, First Department, unanimously affirmed the lower court’s denial of defendant’s motion for summary judgment dismissing plaintiff’s complaint for disability discrimination and failure to accommodate disability under the New York City Human Rights Law.…
Read More Failure to Accommodate Disability (Dyslexia) Claim Survives Summary Judgment, 1st Dept. HoldsIn Moscato v. City of New York, No. 157923/2023, 2024 WL 4277258 (N.Y. Sup Ct, New York County Sep. 24, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of a disability-based hostile work environment claim asserted under the New York City Human Rights Law. From the decision: To state a claim…
Read More Disability-Based Hostile Work Environment Claim Survives DismissalIn Bray v. Rhythm Management Group, LLC, 2024 Wl 4278989 (D. Md. Sept. 24, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: Defendants assert that Bray’s allegations do not describe conduct sufficiently “severe or pervasive” to alter the conditions of her employment and…
Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged