Author: mjpospis

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In Tavarez v. 32BJ et al, 2019 WL 5683370 (S.D.N.Y. Nov. 1, 2019), the court dismissed plaintiff’s employment discrimination claim. While plaintiff had testified that almost daily over several years her supervisor “engaged in grossly offensive behavior toward her,” she did not assert facts making out a claim under the antidiscrimination laws. The court cited…

Read More “Grossly Offensive” Behavior Unconnected to Protected Class Insufficient to State Employment Discrimination Claim
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In Lawyer v. City of New York, 2019 NY Slip Op 07698 (App. Div. 1st Dept. Oct. 24, 2019), the court unanimously affirmed the dismissal of plaintiff’s premises liability (negligent security) case. The court stated the rule that “[a] landlord has a common-law duty to take minimal security precautions to protect tenants and members of…

Read More Negligent Security Case Dismissed; Court Cites Building Security Measures and Lack of Prior Incidents
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In Robinson v. Medical Answering Service et al, 5:18-CV-1222, 2019 WL 5653378 (N.D.N.Y. Oct. 31, 2019), the court, inter alia, dismissed plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964, on the ground that that claim was (a) not asserted in plaintiff’s EEOC filing, and (b) not “reasonably related”…

Read More Race Discrimination Claim Dismissed as Not Administratively Exhausted at the EEOC; Not “Reasonably Related” to EEOC Gender Discrimination Claim
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In Naumovski v. Binghamton University, State University of New York, 3:11-CV-1097, 2019 WL 5445346 (N.D.N.Y. Oct. 24, 2019), the court denied defendant’s motion to exclude, on hearsay grounds, alleged rumors of a relationship involving plaintiff. From the decision: Defendants contend plaintiff should be excluded from offering her own testimony or that of others regarding rumors…

Read More Rumors of Relationship Held Not Hearsay in Employment Discrimination / Sexual Harassment Case
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In Ireland v. Rochester Institute of Technology et al, 19-cv-6392, 2019 WL 5538371 (WDNY Oct. 25, 2019), the court, inter alia, dismissed plaintiff’s claim of sexual harassment under the New York State Human Rights Law (NYSHRL).[1]The court dismissed as time barred plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of…

Read More Sexual Harassment Claim Dismissed; “Crude” Comments Held Insufficient Under State Law
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In Lawrence v. Chemprene, Inc. et al, 18-CV-2537, 2019 WL 5449844 (SDNY Oct. 24, 2019), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim. While plaintiff’s allegations were, in the court’s words, “revolting” – including use of the words “black motherfucker” and “stupid nigger” – they were insufficiently demonstrative of a hostile work…

Read More Hostile Work Environment Claim Dismissed; Secondhand “Black Motherfucker” Comment, Among Others, Insufficient
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In Ahmed v. American Museum of Natural History, 18-3295-cv, 2019 WL 5302824 (2d Cir. Oct. 21, 2019) (Summary Order), the court affirmed the dismissal (on summary judgment) of plaintiff’s retaliation claims. In sum, plaintiff asserted that defendants retaliated against him for objecting to sexual harassment that he witnessed, in violation of Title VII of the…

Read More Retaliation Claim, Based on Sexual Harassment Complaint, Dismissed Against American Museum of Natural History
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Effective October 11, 2019, the New York State Human Rights Law permits an award of punitive damages in certain employment discrimination cases. The relevant section is codified at NYS Executive Law § 297(4)(c), which provides: If, upon all the evidence at the hearing, the commissioner shall find that a respondent has engaged in any unlawful…

Read More NYS Human Rights Law Provides for Punitive Damages in Certain Employment Cases
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