Author: mjpospis

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In Vivian Xiang v. Eagle Enterprises, LLC, 19-cv-1752, 2020 WL 248941 (S.D.N.Y. January 16, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s pregnancy discrimination claim, asserted under Title VII of the Civil Rights Act of 1964. The law, as summarized by the court: A plaintiff must plead sufficient facts to show that…

Read More Pregnancy Discrimination Claim Sufficiently Alleged
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In Mejia v. White Plains Self Storage Corp., 2020 WL 247995 (S.D.N.Y. Jan. 16, 2020), the court, inter alia, dismissed plaintiff’s employment discrimination claim asserted under the New York City Human Rights Law. The court based its decision as to that claim on the NYCHRL’s limited geographic applicability. The court summarized the law as follows:…

Read More NYC Human Rights Law’s Geographic Limitations Explained and Applied
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On January 15, 2020, the U.S. Supreme Court heard oral argument in the case of Noris Babb v. Robert Wilkie, Secretary of Veterans Affairs, No. 18-882. Here is the transcript of the argument. The statute at issue, 29 USCA § 633a, titled “Nondiscrimination on account of age in Federal Government employment”, provides in part: (a)…

Read More SCOTUS Hears Oral Argument on Causation Standard in Federal-Sector Age Discrimination Cases
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In Sirois v. Long Island Railroad Company, 18-2858-cv, 2020 WL 209282 (2d Cir. Jan. 14, 2020), the court affirmed the dismissal of plaintiff’s retaliation claim under the Federal Railroad Safety Act. Plaintiff asserted that the defendant violated the FRSA by retaliating against her after she reported a work-related personal injury. The FRSA provides that a…

Read More 2d Circuit Affirms Dismissal of Federal Railroad Safety Act Retaliation Claim
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In Nachmany v. FXCM, Inc., 2020 WL 178413, at *6–7 (S.D.N.Y., 2020), the court, inter alia, dismissed plaintiff’s sexual harassment claims. Here, since plaintiff and the alleged harasser are both male, the plaintiff was required to “sufficiently allege claims for same-sex harassment.” In analyzing plaintiff’s claim, the court explained and applied the framework articulated by…

Read More Same-Sex Sexual Harassment Claim Dismissed
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The New York City Human Rights Law was recently amended, yet again, to enhance the protections available to NYC workers. Effective January 11, 2020, the statute – one of the (if not the) broadest civil rights laws in the country – protects freelancers and independent contractors in addition to, e.g., “employees” and interns. The new…

Read More NYC Human Rights Law Expanded to Protect Freelancers and Independent Contractors
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In Mitchell v. New York City, No. 161543/2018, 2020 WL 109664 (N.Y. Sup Ct, New York County Jan. 09, 2020), the court denied defendants’ motion to dismiss plaintiff’s retaliation claim (though it dismissed plaintiff’s race/gender discrimination and hostile work environment claims. From the decision: Although the court finds plaintiff failed to establish a prima facie…

Read More NYPD Officer’s Retaliation Claim Survives Dismissal, Court Rules
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In Ibrahim v. Fidelity Brokerage Services LLC, 19-CV-3821, 2020 WL 107104 (S.D.N.Y. Jan. 9, 2020), the court, inter alia, held that plaintiff sufficiently alleged sexual harassment under the New York City Human Rights Law, codified at N.Y.C. Admin. Code § 8–107(1)(a) (NYCHRL). The court’s decision nicely summarizes the present state of the law regarding how…

Read More Sexual Harassment Claims Sufficiently Alleged Against Fidelity Brokerage Services, Court Holds
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In Bermudez v. Bon Secours Charity Health System and Theresa Krell, 2020 WL 104992 (S.D.N.Y. Jan. 9, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sexual harassment and retaliation claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Here I’ll discuss the court’s…

Read More Retaliation Claims, Based on Hostile Work Environment Following Rejection of Sexual Advances, Dismissed (With Leave to Amend)