Author: mjpospis

In Lobosco v. City of New York, No. 152196/2024, 2025 WL 1446815 (N.Y. Sup Ct, New York County May 20, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s discrimination and hostile work environment claims asserted under the New York State and City Human Rights Laws. In her complaint, plaintiff “details a pervasive…

Read More Sex Discrimination & Hostile Work Environment Claims Against City of New York Survive Dismissal
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In Bookhart, Tyrell v. Tri-County Opportunities Industrialization Centers, Inc., No. 1:25-cv-00334, 2025 WL 1439574 (M.D.Pa. May 19, 2025), the court denied defendant’s motion to dismiss plaintiff’s complaint alleging hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964. From the decision: As an initial matter, the Court finds that Plaintiff…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal; Court Cites Comments About Plaintiff’s Appearance and Attire
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In Norris v. Frito-Lay, Inc., CIVIL ACTION No. 24-4023-KHV, 2025 WL 1423583 (D.Kan. May 16, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim, asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, plaintiff has presented evidence that (1)…

Read More Hostile Work Environment Sexual Harassment Claims Survive Summary Judgment
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In Flanders v Goodfellow, No. 29, 2025 N.Y. Slip Op. 02261, 2025 WL 1127772 (N.Y., Apr. 17, 2025), the New York Court of Appeals overruled Bard v. Jahnke, 6 N.Y.3d 592, 815 N.Y.S.2d 16, 848 N.E.2d 463 (2006), and held that an owner of a domestic animal may, under certain circumstances, be held liable in…

Read More NY Court of Appeals Permits Negligence Claims Arising From Animal-Related Injuries
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In McCrorey v. City of Philadelphia, 2025 WL 1392164, at *3 (C.A.3 (3d Cir. May 14, 2025), the U.S. Court of Appeals for the Third Circuit, inter alia, vacated a lower court’s summary judgment dismissal of plaintiff’s age discrimination claim under the Age Discrimination in Employment Act (ADEA). In particular, the court held that the…

Read More Age Discrimination Claim Resurrected From Summary Judgment Dismissal in Light of New Muldrow Standard
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In Couch v. City of Virginia Beach, ACTION NO. 2:22cv196, 2025 WL 672733 (E.D.Va. March 3, 2025), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s age-based hostile work environment claim asserted under the Age Discrimination in Employment Act (ADEA). From the decision: In determining whether alleged actions are “sufficiently severe or pervasive,” courts…

Read More Age-Based Hostile Work Environment Claim Dismissed; Yelling, Criticism, Changing Job Duties Insufficient
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In Walters v. Shintech, Inc., CIVIL ACTION NO. 23-277-JWD-SDJ, 2025 WL 918450 (M.D.La. March 26, 2025), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision: In order to show a hostile work environment…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment
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In Matlock v. Board of Trustees of University of Illinois, 2025 WL 1359068 (N.D.Ill. May 9, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age-based hostile work environment claim. From the decision: The next question is whether, considering the above evidentiary limitations, Plaintiff has plausibly alleged that she was subjected to a…

Read More Age-Based Hostile Work Environment Claim Survives Dismissal
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In Moore v. Board of Public Utilities Employees’ Club, Inc., 2025 WL 1000733 (D.Kan. April 3, 2025), the court, inter alia, dismissed plaintiff’s age discrimination claim under the Age Discrimination in Employment Act (ADEA), because plaintiff did not “administratively exhaust” that claim at the EEOC. From the decision: Defendant moves to dismiss Plaintiff’s ADEA claims…

Read More ADEA Age Discrimination Claim Dismissed as Not Administratively Exhausted at the EEOC
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In Holloway v. Tully Construction Co. Inc., No. 157573/2021, 2025 N.Y. Slip Op. 50739(U), 2025 WL 1364359 (Sup Ct, May 07, 2025), the court denied defendant’s motion for summary judgment on plaintiff’s gender discrimination claim asserted under the New York City Human Rights Law. From the decision: While plaintiff’s first cause of action appears to…

Read More Gender Discrimination Claim, Arising From Unisex Bathroom Issues, Survives Summary Judgment
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