Author: mjpospis

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In Rosen v. Zionist Org. of Am., 2024 NY Slip Op 01770 (App. Div. 1 Dept. March 28, 2024), the Appellate Division, First Department, inter alia, affirmed a lower court’s decision to dismiss plaintiff’s retaliation claim asserted under New Jersey law. From the decision: Plaintiff fails to allege that he worked in New Jersey, as…

Read More NY Appellate Division, First Department Affirms Dismissal of NJLAD Claim, Citing Lack of NJ Nexus
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In Russell v New York University, No. 37, 2024 N.Y. Slip Op. 02226, 2024 WL 1773218 (N.Y. Apr. 25, 2024), the New York Court of Appeals held that plaintiff’s claims for discrimination, hostile work environment, and retaliation were barred under the doctrine of collateral estoppel. From the decision: In the federal litigation, the district court…

Read More NYC Human Rights Law Claims Barred by Collateral Estoppel, in Light of Federal Court Findings
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In Reed v. Fortive Corporation et al, 2024 WL 1756110 (2d Cir. April 24, 2024), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s claim of quid pro quo sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: To state a quid pro…

Read More Quid Pro Quo Sexual Harassment Claim Properly Dismissed; Alleged Invitation Did Not Constitute a “Sexual Advance”
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In Serrano v. The City of New York, No. 2023-05750, 2095, 810438/22, 2024 N.Y. Slip Op. 02156, 2024 WL 1723814 (N.Y.A.D. 1 Dept., Apr. 23, 2024), the Appellate Division, First Department reversed a lower court’s order granting defendant’s motion to dismiss plaintiff’s claims of race discrimination asserted under the New York State and City Human…

Read More First Department Revives Race Discrimination, Hostile Work Environment Claims
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In Counterman v. Colorado, 143 S.Ct. 2106, 2113–14, 600 U.S. 66 (U.S. 2023), the U.S. Supreme Court discussed the “true threat” exception to First Amendment free speech protection – specifically, the mental state that the state must demonstrate that the defendant had. The Court summarized the black-letter law as follows: From 1791 to the present,”…

Read More U.S. Supreme Court Clarifies Mental State Required for “True Threat” First Amendment Exception
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In Maryam v. LSG Sky Chefs, No. 1:23-cv-914-SDG, 2024 WL 1195535 (N.D.Ga. March 20, 2024), the court held that plaintiff pled sufficient facts to support a sex discrimination claim, based on a tangible employment action harassment theory, in violation of Title VII of the Civil Rights Act of 1964. From the decision: Sexual harassment in…

Read More Title VII Tangible Action Sexual Harassment Claim Sufficiently Alleged, Court Holds
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In Latif v. The City of New York et al, 20 Civ. 8248 (AT), 2024 WL 1348827 (S.D.N.Y. March 28, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of hostile work environment under the New York City Human Rights Law. Among other things, the plaintiff “alleges that she was the target…

Read More Plaintiff Sufficiently Alleges Race Discrimination Under City, But Not Federal or State, Law, Court Holds
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In Howard v. State of Arizona et al, 2024 WL 1619400 (D.Ariz. April 15, 2024), the court granted defendant’s motion to dismiss plaintiff’s hostile work environment asserted under Title VII of the Civil Rights Act of 1964. From the decision: Title VII is not meant as “a general civility code” and “sporadic use of abusive…

Read More Title VII Race/Sex-Based Hostile Work Environment Claims Dismissed; Single Incident Held Insufficient
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In Muldrow v. City of St. Louis, Missouri, 2024 WL 1642826 (U.S. April 17, 2024), the U.S. Supreme Court (in an opinion authored by Justice Kagan) held that, in the context of a claim of discrimination in a form of a transfer (here, because of the plaintiff’s sex) in violation of Title VII of the…

Read More U.S. Supreme Court Clarifies Standard For Title VII Discriminatory Transfer Claims
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