Author: mjpospis

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In Phoenix v New York State Dept. of Health, No. 151915/2015, 2019 WL 5150271 (N.Y. Sup Ct, New York County Oct. 09, 2019), the court dismissed plaintiff’s constructive discharge and race discrimination claims. As to plaintiff’s constructive discharge claim, the court explained (citations omitted): To state a claim for constructive discharge, plaintiff must allege facts…

Read More Constructive Discharge & Discrimination Claims Dismissed Against NYS Dept. of Health
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In Alexander v. Equinox Holdings LLC, No. 160323/2018, 2019 WL 4643772, 2019 N.Y. Slip Op. 32830(U) (N.Y. Sup Ct, New York County Sep. 18, 2019), the court dismissed plaintiff’s discrimination/harassment claim asserted under the NYC Human Rights Law, NYC. Admin. Code § 8-101 et seq. (NYCHRL). Here, the events giving rise to plaintiff’s sex-based hostile…

Read More Off-Duty Employee’s NYCHRL “Customer Harassment” Claim Dismissed
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In a recent case, Watson v. The Richmond University Medical Center et al, 14-cv-1033, 2019 WL 5087062 (E.D.N.Y. Oct. 10, 2019), the court, inter alia, denied defendants’ motion for summary judgment dismissing plaintiff’s Title VII race discrimination claim. From the decision (some citations omitted): [C]onstruing the facts in the light most favorable to Plaintiff, a…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Court Cites “Humiliating” Duties
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In Nieto v. CLDN NY LLC, No. 159273/2016, 2019 WL 4962568 (N.Y. Sup Ct, New York County Oct. 08, 2019), a personal injury case, the court addressed what a plaintiff’s attorney may do during a defense medical exam (DME) (otherwise, arguably misleadingly, known as an “Independent” Medical Exam, or IME). Here, the defendant asserted that…

Read More Court: Attorney May Take Notes at Defense Medical Exam
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In Berges v Bodner, No. 153658/2019, 2019 WL 4643770, 2019 N.Y. Slip Op. 32825(U) (N.Y. Sup Ct, New York County Sep. 24, 2019), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s employment discrimination complaint. From the decision: The only element that the parties seriously dispute is … whether her termination occurred under circumstances…

Read More Employment Discrimination Complaint Proceeds; Replacement Shortly After Termination Creates (Weak) Inference of Discrimination
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In Mercedes v. New York City Department of Education, 2019 WL 4926968 (2d Cir. 2019) (Summary Order), the court affirmed the dismissal of plaintiff’s gender discrimination, hostile work environment, and retaliation claims under Title VII of the Civil Rights Act of 1964. With respect to the gender discrimination claim, after summarizing the relevant law, applied…

Read More Gender Discrimination Dismissal Affirmed; Court Cites Lack of Discriminatory Comments and Equivalent Treatment to Males
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Today, the U.S. Supreme Court heard oral argument (transcript; audio) in the matters of Bostock v. Clayton County, Georgia (No. 17-1618) and Altitude Express v. Zarda (No. 17-1623). The issue is whether Title VII of the Civil Rights Act of 1964’s prohibition of discrimination because of “sex” likewise prohibits discrimination based on sexual orientation. Justice…

Read More SCOTUS Hears Argument in Landmark Title VII Sexual Orientation Discrimination Case
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In Williams v. Service Tire Truck Ctr., 2019 WL 4894106 (NDNY Oct. 4, 2019), the court reviewed a Magistrate Judge’s findings with respect to plaintiff’s race discrimination claim under Title VII of the Civil Rights Act of 1964. This decision illustrates, inter alia, how claims of race discrimination may – under certain circumstances – arise…

Read More Title VII Race Discrimination Claims Proceed; African American Man Subject to Terms His Caucasian Co-workers Were Not
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Here is the recent lawsuit, captioned Graham Chase Robinson v. Robert De Niro and Canal Productions, Inc., SDNY, 19-cv-09156 (filed October 3, 2019), in which the plaintiff – a former executive assistant to Robert De Niro – asserts claims of gender discrimination and wage/hour violations against the legendary actor and what the complaint characterizes as…

Read More Gender Discrimination & Wage Violation Lawsuit Against Robert De Niro
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