Author: mjpospis

by

In Karupaiyan v. Experis US Inc., ManpowerGroup US Inc et al, 2025 WL 615179 (2d Cir. 2025), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s dismissal of plaintiff’s various discrimination claims, on the ground that plaintiff was an independent contractor, not an “employee.” From the decision: The district court also…

Read More Discrimination Claims Dismissed; Plaintiff Sought Employment as an “Independent Contractor”, Not An “Employee”
Share This:
by

In Balchan v. New York City Housing Authority, 21-cv-10326 (JGK), 2025 WL 588021 (S.D.N.Y. Feb. 24, 2025), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s failure-to-accommodate claims under the Americans with Disabilities Act (ADA). This decision illustrates the application of the principle that a “failure to accommodation” claim is not viable…

Read More ADA Failure-to-Accommodate Claim Dismissed; Fieldwork Was an “Essential Function” Eliminated by Proposed “Remote Work” Accommodation
Share This:
by

In Delancey v. Justin Wells, Fox Corporation, and Fox News Network, LLC, 23 Civ. 10357 (AT), 2025 WL 579971 (S.D.N.Y. Feb. 21, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted under the New York State Human Rights Law (which, explained the court, employs the…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged Against Fox
Share This:
by

In Feliz v. Manhattan Restorative Health Sciences, Inc., No. 161563/2021, 2025 WL 574304 (N.Y. Sup Ct, New York County Feb. 21, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of disability discrimination asserted under the New York State and City Human Rights Laws. The court summarized the basic legal…

Read More Disability Discrimination Claims Survive Summary Judgment; Issues Existed as to Pretextual Nature of Termination
Share This:
by

In McQueen v. City of New York, No. 155209/2023, 2025 WL 554518 (N.Y. Sup Ct, New York County Feb. 18, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. After summarizing the black-letter law, the court applied it to the…

Read More Recovering Alcoholic Was Not “Disabled”; Court Dismisses Disability Discrimination Claims
Share This:
by

In White v. Roosevelt Union Free School District Board of Education, 15-CV-1035(JS)(JMW), 2025 WL 552744 (E.D.N.Y. Feb. 19, 2025), the court, inter alia, granted defendant’s motion for summary judgment on the (Caucasian) plaintiff’s claim of race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law,…

Read More Race-Based Hostile Work Environment Claim Dismissed; “Whitey”, “Asshole”, etc Comments Insufficient
Share This:
by

In a recent case, Glapion v. Saks Fifth Avenue, LLC, No. 24-2232, 2025 WL 506649 (E.D.La. Feb. 14, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To state a claim for hostile work…

Read More Sex-Based Hostile Work Environment Claim, Based in Part on Alleged Harassment by Customer, Survives Dismissal
Share This:
by

In Martino v. Chenel Capital, LLC et al, No. 2023–04316, 3710, 2025 WL 516143 (N.Y.A.D. 1 Dept., Feb. 18, 2025), the Appellate Division, First Department unanimously reversed a lower court’s decision that the plaintiff failed to establish defendants’ liability for hostile work environment, sex discrimination, and retaliation under the New York State and City Human…

Read More Sex-Based Hostile Work Environment Claims Sufficiently Presented at Inquest; Contrary Decision Reversed
Share This:
by

In Modny et al v. Foley Hoag LLP et al, 24-CV-5586 (JMF), 2025 WL 487308 (S.D.N.Y. Feb. 12, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s national origin discrimination claims. From the decision: [T]he Court rejects the Moving Defendants’ challenge to Modny’s national origin disparate treatment claim under Title VII, the NYCHRL,…

Read More National Origin, and Other, Discrimination Claims Survive Dismissal
Share This: