Author: mjpospis

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In Pierluissi v. City of New York, No. 153439/2023, 2025 WL 928908 (N.Y. Sup Ct, New York County Mar. 26, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation under the New York State and City Human Rights Laws. From the decision: Under the NYSHRL, “[i]t shall be an unlawful…

Read More Hispanic Police Officer’s Retaliation Claims Sufficiently Alleged; Adverse Actions Followed Discrimination Complaints
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In Pierluissi v. City of New York, No. 153439/2023, 2025 WL 928908 (N.Y. Sup Ct, New York County Mar. 26, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race discrimination claims under the New York State and City Human Rights Laws. From the decision: Both the NYSHRL and NYCHRL make it unlawful…

Read More Race Discrimination Claims Sufficiently Alleged; “Dumb Spic” Comments Supported Claim
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In Pierluissi v. City of New York, No. 153439/2023, 2025 WL 928908 (N.Y. Sup Ct, New York County Mar. 26, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race & national origin-based hostile work environment claims asserted under the New York State and City Human Rights Laws. In general, plaintiff alleges that defendants…

Read More Hostile Work Environment Claims, Based on Race & National Origin, Survive Dismissal
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In Ferdous v Hasan, No. 2023-01005, 706543/22, 2025 N.Y. Slip Op. 01789, 2025 WL 908293 (N.Y.A.D. 2 Dept., Mar. 26, 2025), the court, inter alia, held that plaintiff sufficiently alleged a cause of action for hostile work environment sexual harassment. From the decision: A hostile work environment on the basis of sex exists ‘when the…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal, NY Appellate Division Holds
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In Tudor v. Whitehall Central School District, 2025 WL 898898 (2d Cir. March 25, 2025), the U.S. Court of Appeals for the Second Circuit – addressing a matter of first impression – vacated a lower court award of summary judgment dismissing plaintiff’s “failure to accommodate” claim under the Americans with Disabilities Act (ADA), finding that…

Read More Second Circuit Interprets Americans With Disabilities Act’s “Reasonable Accommodation” Decision
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In Kozak v. Office Depot, Inc., 2025 WL 898979 (W.D.N.Y. March 25, 2025), the court, inter alia, held that defendant’s motion for summary judgment should have been denied – and thus disagreed with the Magistrate Judge’s decision to the contrary – as to plaintiff’s sex discrimination claim asserted under Title VII of the Civil Rights…

Read More Title VII Sex Discrimination Claim Survives Summary Judgment; Sexual Harassment Claim Was “Inextricably Intertwined” With Termination Decision
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In Harris v City of New York, No. 156195/2024, 2025 N.Y. Slip Op. 25067, 2025 WL 866041 (Sup Ct, Mar. 19, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of weight discrimination under the New York City Human Rights Law. In sum, plaintiff – after taking and passing a civil service…

Read More Court Considers the Pleading Standard For Weight Discrimination Under the NYC Human Rights Law
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In Dedewo v CBS Corporation, No. 158386/22, 2024-00838, 3945, 2025 N.Y. Slip Op. 01712, 2025 WL 863866 (N.Y.A.D. 1 Dept., Mar. 20, 2025), the court affirmed the lower court’s order dismissing plaintiff’s claims for race and sex discrimination and retaliation under the New York City Human Rights Law. From the decision: To the extent plaintiff’s…

Read More Federal Court Decision Precludes NYC Human Rights Law Claims, First Department Holds
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In Hamilton v. Siemens Healthcare Diagnostics, Inc., 2025 WL 863572 (S.D.N.Y. March 18, 2025), the court, inter alia, dismissed plaintiff’s hostile work environment claims. After summarizing the black-letter law, the court applied it to the facts as follows: Plaintiff alleges that he experienced “a pattern of activity aimed at bringing about [his] resignation.” (Am. Compl.…

Read More Hostile Work Environment Claims Dismissed; Allegations Failed to Rise to the Level of “Severe or Pervasive”; Causation Not Shown
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In Matter of Pedro Osorio v. New York State Division of Human Rights and McAlpin Industries, Inc., No. 201, 24-01441, 2025 WL 877798 (N.Y.A.D. 4 Dept., Mar. 21, 2025), the court, inter alia, held that petitioner’s retaliation claim was properly dismissed by the State Division of Human Rights’ determination that petitioner was not subjected to…

Read More Coughing/Sneezing on Supervisor Was Legitimate Reason For Termination; Hostile Work Environment and Retaliation Claims Properly Dismissed
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