Author: mjpospis

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In Favourite v. 55 Halley Street, Inc., 2019 WL 2226762 (S.D.N.Y. May 23, 2019), the court dismissed plaintiff’s claim of race discrimination under the federal Fair Housing Act (FHA). The court summarized the law as follows: Plaintiff alleges the Defendants engaged in discriminatory housing practices on the basis of race in violation of the Fair…

Read More Court Dismisses “Hostile Housing Environment” Claim Under the Fair Housing Act
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In Corso v. New York State Dept. of Corrections & Community Supervision, 2019 WL 2869573 (NDNY July 3, 2019), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Title VII does not impose “a general…

Read More Hostile Work Environment Claim Dismissed; Alleged Isolation, Hostile Comments and “Attitudes” (Etc.) Insufficient
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In Daniel v. T&M Protection Resources, LLC, 2019 WL 2754961 (2d Cir. July 2, 2019) (Summary Order), the court affirmed the lower court’s finding, after a bench trial, in defendant’s favor on plaintiff’s employment discrimination and hostile work environment claims. As to plaintiff’s hostile work environment claim, the court summarized the law as follows: In…

Read More Hostile Work Environment Not Established; Alleged Incidents Were “Only Mild or Isolated Instances of Harassment”
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On July 4, 1776, 243 years ago today, the Declaration of Independence was ratified by Congress. This seminal document, equal if not greater in magnitude and significance to other great historical documents (e.g., the Magna Carta), represents the first formal statement by then subjects of the British Crown of the reasons for proclaiming their reasons…

Read More Happy 243rd Birthday, America
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In Borzon v. Green, et al., 18-2211 (2d Cir. July 2, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s race discrimination and retaliation claims under Title VII of the 1964 Civil Rights ACt of 1964. Plaintiff, who is white, alleged that shortly after his hiring, defendant was hired to serve as plaintiff’s…

Read More 2nd Circuit, Citing Negative Performance Reviews, Affirms Dismissal of White Plaintiff’s Title VII Discrimination and Retaliation Claims
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In Evarts v Pyro Engineering, No. 517394, 985 N.Y.S.2d 179, 181–82, 2014 N.Y. Slip Op. 02996, 2014 WL 1698366 (N.Y.A.D. 3 Dept., May 01, 2014), the court modified a lower court’s order and reversed the grant of summary judgment in defendants’ favor on plaintiff’s negligence cause of action arising from a fireworks-related injury. Here, the…

Read More Fireworks Injury Negligence Claim Survives Summary Judgment
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Title VII of the Civil Rights Act of 1964 prohibits discrimination because of (among other protected characteristics) race and color. A lesser-known federal law, 42 U.S.C. § 1981, as interpreted, also prohibits race discrimination in the making and enforcing of contracts (including the “at-will” employment relationship). While both prohibit race discrimination in employment, these federal…

Read More SCOTUS Grants Certiorari Petition to Review Causation Standard for Race Discrimination Claims Under 42 U.S.C. § 1981
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Today, June 30, 2019 (the last day of Pride Month), thousands (millions?) of people showed their pride by marching to celebrate LGBT rights. This has a special significance this year, which marks the 50th anniversary of the Stonewall Riots. While LGBT rights have advanced significantly since 1969 – including an amendment to the New York…

Read More NYC Celebrates LGBT Pride
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In Latif v. Morgan Stanley & Co. LLC, 2019 WL 2610985 (SDNY June 26, 2019), the court held that plaintiff’s claims of employment discrimination were subject to mandatory arbitration. In this case, plaintiff “alleges that, beginning in the fall of 2017, he became the target of, inter alia, inappropriate comments regarding his sexual orientation, inappropriate…

Read More Arbitration Compelled in Sexual Harassment Case, Notwithstanding New State Law
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