Author: mjpospis

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In Montes v. City of New York, No. 158272/2023, 2025 WL 290440 (N.Y. Sup Ct, New York County Jan. 21, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim asserted under the New York City Human Rights Law. From the decision: “Under [NYCHRL], it is unlawful to retaliate against an employee…

Read More Retaliation Claim Sufficiently Alleged; Threats of Termination Followed Request for Disability Accommodation
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In Montes v. City of New York, No. 158272/2023, 2025 WL 290440 (N.Y. Sup Ct, New York County Jan. 21, 2025), the court, inter alia, held that plaintiff sufficiently alleged a disability-based hostile work environment under the New York City Human Rights Law. From the decision: Under NYCHRL, a Plaintiff claiming a hostile work environment…

Read More Disability-Based Hostile Work Environment Claim Sufficiently Alleged; Allegations Include “Faking Injuries” Comment
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In James v. Disney Studios Content, No. 159201/2022, 2025 WL 257207 (N.Y. Sup Ct, New York County Jan. 21, 2025), the court denied defendant’s motion to dismiss plaintiff’s claim of retaliation under the New York State and City Human Rights Laws, on the ground that the court lacks subject matter jurisdiction pursuant to CPLR 3211(a)(2).…

Read More Disney Actor’s Discrimination Claim Survives Dismissal; Court Explains NYS and NYC Human Rights Laws’ “Impact Test”
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In Harge v. The City of New York, No. 150002/2023, 2025 WL 257189 (N.Y. Sup Ct, New York County Jan. 18, 2025), the court, inter alia, held that plaintiff sufficiently alleged a claim of race-based discrimination under the New York City Human Rights Law, and thus denied defendant’s motion to dismiss this claim. From the…

Read More Police Officer Sufficiently Alleges Race Discrimination, Hostile Work Environment Claims Under NYC Human Rights Law
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In Torres v. City of New York, No. 161278/2023, 2025 WL 248895 (N.Y. Sup Ct, New York County Jan. 15, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claim asserted under the New York City Human Rights Law. From the decision: Plaintiff’s allegations of hostile work environment–including discriminatory remarks,…

Read More Hostile Work Environment Claim, Based on Alleged Discriminatory Remarks, Threats of Termination, and Denial of Benefits, Sufficiently Alleged
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In Simms v. The State of Maryland Office of the Attorney General For Maryland, 2025 WL 213965 (D.Md. Jan. 16, 2025), the court, inter alia, dismissed plaintiff’s hostile work environment sexual harassment claim. From the decision: The Court need not decide whether Plaintiff has adequately alleged facts sufficient to “impos[e] liability on the employer” for…

Read More Hostile Work Environment Sexual Harassment Claim Dismissed; Allegations of Staring and Stalking Insufficient
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In Lopez v Trahan, No. 155637/20, 2024-04221, 3523, 2025 N.Y. Slip Op. 00274, 2025 WL 208694 (N.Y.A.D. 1 Dept., Jan. 16, 2025), the Appellate Division, First Department, inter alia, unanimously affirmed the lower court’s denial of defendants’ motion for summary judgment on plaintiff’s national origin discrimination claims under the New York State and City Human…

Read More National Origin Discrimination, Constructive Discharge Claims Survive Dismissal; Evidence Included Remarks About Plaintiff’s Accent
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In Lopez v Trahan, No. 155637/20, 2024-04221, 3523, 2025 N.Y. Slip Op. 00274, 2025 WL 208694 (N.Y.A.D. 1 Dept., Jan. 16, 2025), the Appellate Division, First Department, inter alia, unanimously affirmed the lower court’s denial of defendants’ motion for summary judgment on plaintiff’s age discrimination claim under the New York City Human Rights Law. From…

Read More Age Discrimination Claim Survives Summary Judgment; Evidence Included “Old”, “Slow”, “Old Hag” Comments
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In TikTok Inc. et al v. Merrick Garland, Nos. 24-656, 24-657 (January 17, 2025), the U.S. Supreme Court upheld the Protecting Americans from Foreign Adversary Controlled Applications Act against a First Amendment challenge. From the per curiam opinion: As applied to petitioners, the Act is sufficiently tailored to address the Government’s interest in preventing a…

Read More SCOTUS Rejects First Amendment Challenge to TikTok Ban
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In Campbell v. Authentic Brands Group LLC, No. 155160/2020, 2025 WL 104601 (N.Y. Sup Ct, New York County Jan. 15, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s cause of action for sex-based discrimination against certain defendants. From the decision: Campbell has sufficiently stated a cause of action for sex-based discrimination against…

Read More Sex-Based Discrimination Sufficiently Alleged; Allegations Included Comments About Appearance and Hair Touching
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