2019

by

Post thumbnail

In Babbitt v. Koeppel Nissan, Inc., 2019 WL 3296984 (EDNY July 23, 2019) – an employment discrimination, sexual harassment, and retaliation case brought under Title VII of the Civil Rights Act of 1964 – the court ruled on the parties’ respective motions to compel discovery. One issue addressed by the court – which has become…

Read More Social Media Discovery Compelled (in Part) in Sexual Harassment Case
Share This:
by

Scuba diver underwater waving with gear Scuba diver underwater waving with gear

On Tuesday, July 23, 2019, Governor Cuomo signed a law, Senate Bill S1719C (A5981), which “establishes the crime of unlawful dissemination or publication of an intimate image” (a/k/a “revenge porn”). The legislation, inter alia, amends the Penal Law by adding a new section (§ 245.15), titled “Unlawful dissemination or publication of an intimate image”, and…

Read More “Revenge Porn” Legislation Signed Into Law in New York
Share This:
by

Post thumbnail

In Nana v. Le Viking LLC d/b/a Bistro Chez Lucienne, 17-CV-928, 2019 WL 3244181 (SDNY July 19, 2019), the court, inter alia, held that plaintiff was entitled to $5,000 in emotional  distress damages on his retaliation claims under the Fair Labor Standards Act and the New York Labor Law. The court noted that “[a]lthough the…

Read More Emotional Distress Damages of $5,000 Awarded in Wage Retaliation Case
Share This:
by

Stick figures running, one fallen with stars Stick figures running, one fallen with stars

In Kallinikos v. New York State Dept. of Corrections and Community Supervision et al, 2019 WL 3216769 (EDNY July 17, 2019), the court, inter alia, held that plaintiff sufficiently alleged religious discrimination, in the form of a failure-to-promote, under Title VII of the Civil Rights Act of 1964. The court explained the applicable pleading standard:…

Read More Religious Discrimination Failure-to-Promote Claim Sufficiently Alleged
Share This:
by

Dark green PL monogram logo Dark green PL monogram logo

A recent decision, Konteye v. NYC Dept. of Education et al, 2019 WL 3229068 (S.D.N.Y. July 18, 2019), yet again illustrates that not every perceived workplace slight gives rise to an actionable “hostile work environment” claim. From the decision: [C]onsidering the totality of the circumstances, Plaintiff failed to meet his burden of showing that “[his]…

Read More Title VII Hostile Work Environment Claim Dismissed; Notwithstanding Allegations of Verbal “Harassment”, Screaming, Criticism, Etc.
Share This:
by

Post thumbnail

In a recent New York State Court filing, petitioner Andrea Tantaros – in the matter of Tantaros v. Fox News Channel, LLC et al, Index No. 156936/2019 – seeks a Temporary Restraining Order precluding Respondents from continuing to arbitrate Petitioner’s sexual harassment allegations, to grant her request for a preliminary and permanent injunction staying the…

Read More Andrea Tantaros Attempts to Utilize NY’s New Anti-Arbitration Law in New Filing
Share This:
by

Tropical beach with palm trees and loungers Tropical beach with palm trees and loungers

In Cao-Bossa v. New York State Dep’t of Labor, 18-CV-0509, 2019 WL 2743505 (N.D.N.Y. July 1, 2019), the court, inter alia, held that plaintiff should be permitted to amend her complaint to add a claim for national origin discrimination. From the decision: As to Plaintiff’s claim for national origin discrimination, Defendant argues that amendment would…

Read More National Origin Discrimination Claim by Chinese Plaintiff May Proceed; Persons Identified as “American” Were Appropriate Comparators
Share This:
by

Man wearing suit and orange-striped bow tie Man wearing suit and orange-striped bow tie

In McKinney v. Quayshanna Tanner of Set and Service Resource et al, 2019 WL 3067116 (SDNY July 12, 2019), the court, inter alia, dismissed plaintiff’s claims under the New York City Human Rights Law. From the decision: The Court must dismiss Plaintiff’s NYCHRL claims. The NYCHRL does not apply to discriminatory acts that occurred outside…

Read More Court Dismisses NYCHRL Discrimination Claim Arising From Events Outside NYC
Share This:
by

Starbucks cup beside clear tip box Starbucks cup beside clear tip box

In Doe v. Gong Xi Fa Cai, Inc. d/b/a Alta Restaurant, 2019 WL 3034793 (SDNY July 10, 2019) – in which plaintiff asserts claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. and other statutes for alleged sexual discrimination and retaliation – the court denied plaintiff’s motion to…

Read More Sexual Harassment Plaintiff May Not Proceed Anonymously, Court Concludes Upon Application of 10-Factor Test
Share This:
© 2026 Pospis Law, PLLC. All Rights Reserved.