Author: mjpospis

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In Thomas v. City of New York et al, No. 507887/2018, 2019 N.Y. Slip Op. 51822(U), 2019 WL 6041948 (Sup Ct, Nov. 01, 2019), the court, inter alia, held that the petitioner’s hostile work environment claim was timely under the “continuing violation doctrine.” Petitioner, a guidance counselor, alleged that she was subject to age discrimination…

Read More Hostile Work Environment Claim Against DOE Held Timely Under the “Continuing Violation Doctrine”
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In Baker v Revolt Media & TV, LLC, No. 152612/17, 2019 WL 4861967 (N.Y. Sup Ct, New York County Oct. 02, 2019), the court dismissed plaintiff’s race and age discrimination claims asserted under the New York State and City Human Rights Laws. Defendant asserted that plaintiff’s termination was due to the non-discriminatory reasons of “restructuring…

Read More Age/Race (“Reverse”) Employment Discrimination Claims Dismissed
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In Boger v. New York State Office of Parks, Recreation & Historic Preservation, 17-cv-289, 2019 WL 6038545 (N.D.N.Y. Nov. 14, 2019) – an age and discrimination case – the court, inter alia, precluded plaintiff from introducing so-called “me too” evidence from plaintiff’s co-workers who were also allegedly discriminated against. The court reasoned: Because Nagle and…

Read More Co-Worker Employment Discrimination Evidence Precluded as Prejudicial
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Depositions are a part of the pre-trial “discovery” stage of litigation, in which a witness is questioned under oath, while their testimony is transcribed by a court reporter. They often occur outside the presence of a judge. One issue that arises is the alleged “coaching” of a witness by their attorney. In a recent case,…

Read More Court Discusses Deposition Sanctions in Employment Discrimination Case
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In Crawford v. ExlService.com, LLC, 2019 WL 5887214 (SDNY Nov. 12, 2019), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s federal Equal Pay Act (29 U.S.C. § 206(d)) and New York State Equal Pay Act (N.Y. Labor Law § 194) claims. The court explained: As a threshold matter, the parties’ submissions reveal fact…

Read More Federal and NY State Equal Pay Act Claims Survive Summary Judgment; Jury to Decide Equivalence of Work Functions
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In Crawford v. ExlService.com, LLC, 2019 WL 5887214 (SDNY Nov. 12, 2019), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. The court…

Read More Hostile Work Environment Claim Survives Summary Judgment Against ExlService
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In Mira v. Harder, 2019 NY Slip Op 08131 (App. Div. 1st Dept. Nov. 12, 2019), the court affirmed the dismissal of plaintiff’s discrimination, retaliation, and “revenge porn” claims. First, the court held that plaintiff’s discrimination, hostile work environment, and retaliation claims – asserted under the New York State and City Human Rights Laws –…

Read More Discrimination, Hostile Work Environment, and Revenge Porn Claims Dismissed
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The U.S. Equal Employment Opportunity Commission reports that there has been an increase in the percentage of veterans who report having service-related disabilities, either those that were incurred in, or aggravated during, military service. Various laws protect veterans from discrimination in the workplace. These include: The Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §…

Read More Veterans’ Rights Under the Anti-Discrimination Laws
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As you may have heard, Steve Easterbrook was recently dismissed from his position as President and Chief Executive Officer of McDonald’s due to his alleged consensual relationship with a staff member, which was against company policy.  It was also reported that he will receive a severance package of nearly $42 million – comprising six months…

Read More McDonald’s CEO Stephen Easterbrook Terminated Following Relationship With Employee
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In Local 621 v New York City Department of Transportation, No. 101831/17, 9991, 9991A, 2019 N.Y. Slip Op. 08014, 2019 WL 5791378 (N.Y.A.D. 1 Dept., Nov. 07, 2019), the court, inter alia, substantiated claims of national origin discrimination (asserted by the East Indian petitioners) arising from an allegedly biased EEO investigation. From the decision: [T]he…

Read More Race Discrimination Claim Against NY DOT Improperly Dismissed