May 2020

by

Post thumbnail

In Pakniat v Moor et al, No. 160019/2019, 2020 WL 2198218 (N.Y. Sup Ct, New York County May 04, 2020), a sexual harassment case, the court held that the plaintiff did not satisfy the geographical requirements of the New York State and City Human Rights Laws. The facts, briefly: [P]laintiff lived and worked in Canada…

Read More Sexual Harassment Claims Dismissed; Geographical Requirements of NY State and City Human Rights Laws Not Satisfied
Share This:
by

Green overlapping P and L monogram logo Green overlapping P and L monogram logo

In Soto v. CDL (New York) L.L.C., 2020 WL 2133370 (S.D.N.Y. May 5, 2020) (J. Failla), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s constructive discharge claim. The court summarized the law as follows (internal quotation marks and citations omitted): An employee is constructively discharged when his employer, rather than discharging…

Read More Constructive Discharge Claims Survive Summary Judgment
Share This:
by

Person in suit and tie in law library Person in suit and tie in law library

In Soto v. CDL (New York) L.L.C., 2020 WL 2133370 (S.D.N.Y. May 5, 2020) (J. Failla), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. In a prior blog post, I addressed the court’s conclusion that plaintiff raised a triable issue issue of fact as to…

Read More Sexual Harassment (Hostile Work Environment) Claim Survives Summary Judgment; Court Differentiates Between Verbal and Physical Harassment: Part II
Share This:
by

Man in beige suit with colorful bow tie Man in beige suit with colorful bow tie

In Soto v. CDL (New York) L.L.C., 2020 WL 2133370 (S.D.N.Y. May 5, 2020) (J. Failla), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. Here, plaintiff’s claim included physical and non-physical harassment. In evaluating defendant’s motion, the court noted that the Second Circuit has drawn…

Read More Sexual Harassment (Hostile Work Environment) Claim Survives Summary Judgment; Court Differentiates Between Verbal and Physical Harassment: Part I
Share This:
by

Post thumbnail

In Rasmy v. Marriott International, Inc., 952 F.3d 379 (2d Cir. March 6, 2020), the court vacated the district court’s grant of summary judgment to defendant on plaintiff’s hostile work environment and retaliation claims. Here I will discuss the court’s evaluation of plaintiff’s hostile work environment claim. In particular, the court faulted the lower court…

Read More 2d Circuit Vacates Summary Judgment Dismissal of Hostile Work Environment Claim; District Court Applied Improperly “Rigid” Test
Share This:
by

Panoramic Manhattan skyline at sunrise Panoramic Manhattan skyline at sunrise

A recent decision from the Eastern District of New York, Henek v. CSC Holdings, LLC, 2020 WL 1516460 (E.D.N.Y. March 30, 2020) (J. Cogan), is instructive as to what a plaintiff must show – specifically, what will (in the court’s words) “not cut it” – when opposing a summary judgment in an employment discrimination case.…

Read More Religion/National Origin Discrimination Claims Dismissed; “Contentions” and “Beliefs” “Do Not Cut It”
Share This:
by

Scuba diver in blue wetsuit underwater Scuba diver in blue wetsuit underwater

In Ramos v. Metro-North Commuter Railroad, No. 153742/18, 2020 WL 2041968, 2020 N.Y. Slip Op. 31061(U) (N.Y. Sup Ct, New York County Apr. 03, 2020), the court denied defendants’ motion for summary judgment on plaintiff’s disability-based hostile work environment claim asserted under the New York City Human Rights Law. The court reached this conclusion, however,…

Read More Disability-Based Hostile Work Environment Claim Survives Summary Judgment Under the New York City (But Not New York State) Human Rights Law
Share This:
by

United States flag with stars and stripes United States flag with stars and stripes

In Johnson v. City of New York, 2020 WL 2036708 (S.D.N.Y. April 28, 2020), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s race discrimination claims 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. On the race discrimination claim,…

Read More Firefighter’s Race Discrimination Claims Dismissed; Comments Were “Stray Remarks”
Share This:
by

Dark green PL monogram logo Dark green PL monogram logo

In Johnson v. City of New York, 2020 WL 2036708 (S.D.N.Y. April 28, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sexual orientation discrimination claims 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. From…

Read More Firefighter’s Sexual Orientation Discrimination Claim Survives Dismissal
Share This:
by

Dark green PL monogram logo Dark green PL monogram logo

In Hoit v. Capital District Transportation Authority, 10-202, 2020 WL 1514754 (2d Cir. March 30, 2020) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim asserted under the New York State Human Rights Law. In sum, plaintiff’s lawsuit arose from an incident in which, on his last day…

Read More Hostile Work Environment Claim, Arising From “Tea Bagging” Incident, Not Imputable to Employer Under NYS Human Rights Law; Second Circuit Affirms Dismissal
Share This:
© 2026 Pospis Law, PLLC. All Rights Reserved.