2017 - Page 7 of 37 - Pospis Law, PLLC

November 1, 2017 by mjpospis

Age Discrimination Claims Dismissed; Incidents Were “Isolated” and “Episodic”

From Linda Murphy, appellant, v. Department of Education of the City of New York, et al., respondents., 2017 NY Slip Op 07609, 2017 WL 4930955 (N.Y.A.D. 2 Dept. Nov. 1, 2017): Here, the general allegation in the amended complaint that the plaintiff and two other “older” teachers had been “continuously harassed” by the principal and the…

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October 31, 2017 by mjpospis

NYC Salary History Inquiry Ban Takes Effect

Pursuant to New York City’s salary history ban, effective today, it is unlawful for public and private employers of any size in New York City to ask about a job applicant’s salary history during the hiring process – including in advertisements, on applications, or in interviews.

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October 30, 2017 by mjpospis

Defamation Claim Fails; Statements to Prospective Employer Were Subject to Qualified Privilege

In Sandia v. Wal-Mart Stores, East LP, 2017 WL 4862427 (2d Cir. Oct. 27, 2017) (Summary Order), the court affirmed the district court’s award of summary judgment to defendant on plaintiff’s claims of racial and national origin discrimination, retaliation, and a hostile work environment in violation of Title VII of the Civil Rights Act of…

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October 29, 2017 by mjpospis

Retaliation Claim Properly Dismissed; Termination Was Due to Falsification of Job Application, Not Disability Accommodation Request

In Graham v .New York State Off. of Mental Health, 2017 NY Slip Op 07501 (App. Div. 3d Dept. Oct. 26, 2017), the court (inter alia) affirmed the dismissal of plaintiff’s claim, asserted under the New York State Human Rights Law, that he was retaliated against for requesting a reasonable accommodation for his disability. From the…

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October 28, 2017 by mjpospis

Hostile Work Environment Claim Properly Dismissed; While Properly Pled, Not Administratively Exhausted

From McGuirk v. Swiss Re Financial Services Corp., 2017 WL 4857450 (2d Cir. Oct. 26, 2017) (Summary Order): We agree with McGuirk that she properly pled a hostile work environment claim, but affirm the district court’s dismissal because she failed to properly exhaust that claim before the New York State Division of Human Rights. See Leon…

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October 27, 2017 by mjpospis

Employment Discrimination Claims Continue; Court Denies Reconsideration of Summary Judgment Denial

In George v. Professional Disposables Int’l, Inc., 2017 WL 4574806 (S.D.N.Y., 2017), an employment discrimination case, the court denied defendant’s motion for reconsideration of the court’s denial of defendant’s motion for summary judgment. Plaintiff alleged that he was subjected to discrimination and a hostile work environment based on his race, color, and national origin in violation…

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October 26, 2017 by mjpospis

Sexual Harassment Default Judgment Warranted Under “Quid Pro Quo” and “Hostile Work Environment” Theories/Paradigms

In Patrizia Pelgrift, et al., Plaintiffs, v. 335 W. 41st Tavern Inc., et al., Defendants. Additional Party Names: David Sheeran, Iryna Lutsenko, Valeriya Kolisnyk, 2017 WL 4712482, at *10 (S.D.N.Y., 2017), the court held, inter alia, that a default judgment on plaintiff’s sexual harassment claims was warranted. The court summarized the law as follows: Under…

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October 25, 2017 by mjpospis

Title VII Discrimination, Hostile Work Environment, Retaliation Claims Dismissed on Collateral Estoppel Grounds Following NYSDHR Dismissal

In Featherstone v. Cornell University, 17-cv-565, 2017 WL 4736738 (NDNY Oct. 19, 2017), the court dismissed plaintiff’s Title VII discrimination, hostile work environment, and retaliation claims. Plaintiff had initially asserted her claims at the New York State Division of Human Rights, which – after an investigation – found that there was no probable cause to…

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October 24, 2017 by mjpospis

Discrimination, Retaliation, Hostile Work Environment Claims Properly Dismissed Against Sunglass Hut

In Venezia v. Luxottica Retail North America, Inc., Sunglass Hut Trading, LLC, 2017 WL 4772437 (2d Cir. Oct. 23, 2017) (Summary Order), the Second Circuit affirmed the lower court’s summary judgment dismissal[1]Venezia v. Luxoticca Retail North America Inc., 13-cv-4467, 2015 WL 5692146 (S.D.N.Y. Sept. 28, 2015) of plaintiff’s employment discrimination claims. Plaintiff, a white male,…

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October 23, 2017 by mjpospis

Amended Complaint Dismissed; “You Are Not A Christian” Comment Insufficient to Plausibly Allege Religion or National Origin Discrimination

In Bailey v. Sunrise Senior Living Management, Inc., 16-cv-7184, 2017 WL 4712220 (E.D.N.Y. Oct. 18, 2017), the court dismissed plaintiff’s Amended Complaint – which purportedly alleged religion and national origin discrimination – because if did not address the deficiencies resulting in the dismissal of his original complaint. Like many cases, this one falters because plaintiff…

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