Author: mjpospis

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In Troise v. SUNY Cortland NY, 2019 WL 3817387 (NDNY 2019), the court, inter alia, held that plaintiff sufficiently alleged a gender-based failure-to-hire claim. From the decision: Here, considering the allegations in the light most favorable to the non-movant, Plaintiff alleges that he and a woman applied for the same position. (Dkt. No. 1; Dkt.…

Read More Title VII Failure-to-Hire Claim Sufficiently Alleged by Male Plaintiff, Court Rules
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Motion practice in New York litigation is governed by a variety of overlapping provisions, including those set forth in the New York Civil Practice Law and Rules (CPLR), “Uniform Rules”, local/judges’ rules, and case law. Section 202.7 of the Uniform Civil Rules for the Supreme and County Courts, titled “Calendaring of motions; uniform notice of…

Read More 2d Dept.: Affirmation of Good Faith May Be Contained in Primary Affirmation
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In MacAlister v. Millennium Hotels & Resorts et al, 2019 WL 3765825 (S.D.N.Y. August 9, 2019), the court held, inter alia, that plaintiff – a white American woman over the age of 40 – sufficiently alleged discrimination and a hostile work environment based on her age. gender and race. As to plaintiff’s discrimination claims, the…

Read More “Old White Bitch” Among Comments Held Sufficient to Allege Age/Race/Gender Discrimination & Hostile Work Environment Claims
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In Gayle v. Children’s Aid College Prep Charter School et al, 18-cv-9874, 2019 WL 3759097 (SDNY July 29, 2019), the court dismissed the sexual harassment claim of plaintiff – an employee of a federally-funded educational institution – brought under Title IX of the Education Amendments of 1972, finding that Title VII of the Civil Rights…

Read More Instructor at Federally-Funded School Had Exclusive Remedy for Sexual Harassment Under Title VII, Not Title IX, Court Rules
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Today, Governor Cuomo signed legislation (A8421 / S6577) that substantially strengthens the New York State Human Rights Law, particularly with respect to sexual harassment. Among other things, the legislation: Eliminates the “severe or pervasive” standard for hostile work environment claims; Eliminates the so-called “Faragher/Ellerth defense” to hostile work environment claims, in that “[t]he fact that…

Read More Governor Cuomo Signs Legislation Strengthening the New York State Human Rights Law
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In a recently-filed lawsuit – captioned Leibowitz v. New York County Lawyers Association et al, NY Sup. Ct. Kings Cty. Index No. 517381/2019 (filed Aug. 7, 2019) – plaintiff alleges that the New York County Lawyers Association (and other individually-named defendants) discriminated against her because of her gender/pregnancy and retaliated against her. Plaintiff alleges, inter…

Read More Pregnancy Discrimination Lawsuit Against the NY County Lawyers Association
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n Irons v. The City of New York, 16-cv-3708, 2019 WL 3752870 (EDNY Aug. 8, 2019), the court, inter alia, denied defendant City’s motion for summary judgment on plaintiff’s employment discrimination and hostile work environment claims.[1]As with many blog posts, here I have addressed only a subset of this lengthy and detailed decision; the reader…

Read More NYPD Sergeant’s Hostile Work Environment Claim Survives Summary Judgment
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In Irons v. The City of New York, 16-cv-3708, 2019 WL 3752870 (EDNY Aug. 8, 2019), the court, inter alia,[1]As with many blog posts, here I have addressed only a subset of this lengthy and detailed decision; the reader is encouraged to review the decision in its entirety. denied defendant City’s motion for summary judgment…

Read More NYPD Sergeant’s Race, Gender Discrimination Claims Survive Summary Judgment
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In a recent case, Palmer v. Cook, 2019 NY Slip Op 29240 (Sup. Ct. Qns. Cty. Aug. 5, 2019), the court, inter alia, held that plaintiff sufficiently stated a claim for “caregiver status” discrimination under the New York City Human Rights Law.[1]As with many blog posts, here I have addressed only a subset of this…

Read More Caregiver Status Discrimination Claim Sufficiently Alleged, Court Finds
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In a recent case, Palmer v. Cook, 2019 NY Slip Op 29240 (Sup. Ct. Qns. Cty. Aug. 5, 2019), the court, inter alia, held that plaintiff sufficiently stated a claim for hostile work environment under the New York City Human Rights Law.[1]As with many blog posts, here I have addressed only a subset of this…

Read More Hostile Work Environment Sufficiently Alleged; Allegations Included Comments, Thrown Objects, and Changed Locks
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