Author: mjpospis

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In Sooroojballie v. Port Authority of New York & New Jersey, 2020 WL 2988851 (2d Cir. June 4, 2020) (Summary Order), the Second Circuit, inter alia, held that the jury’s emotional damages awarded by the jury ($2,160,000) on plaintiff’s race- and national origin-based hostile work environment claim was excessive, and determined that $250,000 was more appropriate.…

Read More Court Remits $2.16 Million Jury Verdict to $250,000 in Race/National Origin Hostile Work Environment Case
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In D’Amore v. City of New York, 19-2217-cv (2d Cir. June 4, 2020) (Summary Order), the court affirmed the dismissal of plaintiff’s retaliation claim (on summary judgment) asserted under Title VII of the Civil Rights Act of 1964. From the decision: In 2016 the New York City Department of Correction (DOC) hired 18 D’Amore to join…

Read More Title VII Retaliation Claim Dismissal Affirmed; Argument That Reassignment Was Made For “Improper” Reasons Held Insufficient
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In Langella v. Mahopac Central School District, 2020 WL 2836760 (SDNY May 31, 2020), the court, inter alia, dismissed plaintiff’s disability discrimination claim asserted under the Americans with Disabilities Act (ADA). Among other things, this decision is instructive as to how courts apply the (relatively recently established/confirmed) “but for” causation standard under the ADA. Plaintiff…

Read More Disability Discrimination Claim Dismissed; Tinnitus, Hypertension Not “Disabilities”; Medical Conditions Not “But For Cause” of Adverse Actions
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In Mejia v. City of New York, 2020 WL 2837008 (E.D.N.Y. May 30, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claim asserted against two individuals under the New York City Human Rights Law. From the decision: Plaintiff’s gender-based hostile work environment claim, however, is viable as…

Read More “Bitch” Remark Among Evidence Supporting Denial of Summary Judgment Under the NYC Human Rights Law on Plaintiff’s Hostile Work Environment Claim
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In Mejia v. City of New York, 2020 WL 2837008, at *14 (E.D.N.Y. May 30, 2020), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s quid pro quo sexual harassment claim. From the decision: Plaintiff asserts claims for quid pro quo sexual harassment under NYSHRL and NYCHRL. Quid pro quo sexual harassment occurs when…

Read More Quid Pro Quo Sexual Harassment Claim Dismissed; Court Cites Absence of Action Following Rejection of Sexual Overture
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In Rivera v. JP Morgan Chase, 2020 WL 2787622 (2d Cir. May 29, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s race- and national origin-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: To state…

Read More Hostile Work Environment Claim Dismissal Affirmed; Insufficient Details Alleged
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In Gold v. Titlevest Agency LLC, et al., Defendants., 2020 WL 2835570 (S.D.N.Y. June 1, 2020), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claims under Title VII and the New York State and City Human Rights Laws. In sum, plaintiff alleged (among other things) that her…

Read More “Hearsay”-Based Hostile Work Environment Claim Dismissed
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In Rivera v. JP Morgan Chase, 2020 WL 2787622 (2d Cir. May 29, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the dismissal of plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. In sum, plaintiff – who is of Ecuadorian national origin…

Read More Retaliation Claim Resurrected from Dismissal; 2 Months Sufficient to Allege Causation
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In Erno v. New York State Office of Information Technology Services, 2020 WL 2736563 (N.D.N.Y. May 26, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s gender discrimination claim, based on her alleged denial of a desired assignment. The court explained the contours of an “adverse employment action” in this context: An adverse employment…

Read More Gender Discrimination Claim, Based on Denial of Assignment, Dismissed
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