Author: mjpospis

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In Torres v. New York City Dept. of Education, 18-cv-2156, 2019 WL 2124891 (E.D.N.Y. May 15, 2019), the court, inter alia, dismissed plaintiff’s retaliation claim under the New York City Human Rights Law. The court explained that that statute “does not require an adverse employment action and a plaintiff must only provide evidence she was…

Read More Plaintiff Fails to Plead That He Was Treated “Less Well” Because of His Disability; City Law Retaliation Claim Dismissed
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In Torres v. New York City Dept. of Education, 18-cv-2156, 2019 WL 2124891 (E.D.N.Y. May 15, 2019), the court, inter alia, dismissed plaintiff’s discrimination and retaliation claims – by granting defendant’s motion for a judgment on the pleadings pursuant to FRCP 12(c) – under the Americans with Disabilities Act (ADA), on the ground that plaintiff…

Read More ADA Claim Dismissed; No “Adverse Employment Action”
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In Kurlender v. Ironside Group, Inc., 2019 WL 1317405 (E.D.N.Y., 2019), the court fully adopted a Magistrate Judge’s Report & Recommendation, inter alia, denying defendant’s motion to dismiss plaintiff’s Amended Complaint’s allegation that he was subjected to hostile work environment sexual harassment. The court summarized plaintiff’s allegations as follows: Plaintiff alleges in the Amended Complaint…

Read More Allegation of “Unwanted Touching” Sufficient to Plead Hostile Work Environment Sexual Harassment
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In Petrisko v Animal Medical Center, No. 151573/2018, 2019 WL 1311026 (N.Y. Sup Ct, New York County Mar. 22, 2019), the court, inter alia, dismissed plaintiff’s constructive discharge claim. The court explained that “[t]o state a claim for an adverse employment action based on a constructive discharge the plaintiff must allege facts tending to show…

Read More Rescission of Resignation Tanked Constructive Discharge Claim, Court Holds
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In Rehal v Weinstein, No. 151738/2018, 2019 WL 2088435 (N.Y. Sup Ct, New York County May 13, 2019), the court denied Robert Weinstein’s motion to dismiss the complaint against him in connection with the alleged hostile work environment primarily caused by Harvey Weinstein. Among other things, the court held that the Southern District of New…

Read More Court Denies Robert Weinstein’s Motion to Dismiss Discrimination Complaint
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In Gonzalez v. NYU Langone Medical Center, No. 156647/2017, 2019 WL 1975543 (N.Y. Sup Ct, New York County Apr. 29, 2019), the court granted defendant’s CPLR 3211(a)(7) motion to dismiss, for failure to state a claim, plaintiff’s retaliation claims under the New York State and City Human Rights Laws. The court summarized the law as…

Read More Retaliation Claim Dismissed; Assistance With Another’s Hostile Work Environment Claim Did Not Qualify as “Protected Activity”
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In Martin v. New York State et al, 17-cv-9721, 2019 WL 2053992 (S.D.N.Y. May 9, 2019), the court, inter alia, dismissed plaintiff’s sexual harassment claim based on the conduct of a non “supervisor.” The court’s decision turned on that branch of the law providing that “[w]hen the harassment is perpetrated by a non-supervisory coworker, an…

Read More Court Dismisses Sexual Harassment Claim Based on Conduct By Non-Supervisor
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In Boyce v. Weber, No. 160630/2017, 2019 WL 1470219, 2019 N.Y. Slip Op. 30864(U), 6 (N.Y. Sup Ct, New York County Apr. 03, 2019), the court allowed plaintiff – a male model – the opportunity to amend his complaint against photographer Bruce Weber to add a claim (to his existing claims alleging sexual harassment and…

Read More Court Permits Trafficking Victims Protection Act Claim to be Added to Complaint Against Photographer Bruce Weber
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In Colas v. City of University of New York, 17-cv-4825, 2019 WL 2028701 (E.D.N.Y. May 7, 2019), the court, inter alia, dismissed plaintiff’s pregnancy-based hostile work environment and constructive discharge claims. As to plaintiff’s hostile work environment claim, the court explained: Here, Defendants contend that Plaintiff’s allegations “amount to dissatisfaction with her supervisors, … personality…

Read More Pregnancy-Based Hostile Work Environment, Constructive Discharge Claims Dismissed Against CUNY
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