Author: mjpospis

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In Kukreja v. Scientific Systems Company et al, 24-CV-1364 (SFR), 2025 WL 1549071 (D.Conn. May 30, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s disability-based hostile work environment claim asserted under the Americans with Disabilities Act. In sum, plaintiff alleged that he incurred injuries while on a work trip, and that (for…

Read More Citing Timely Termination, Court Denies Motion to Dismiss Disability-Based Hostile Work Environment Claims
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In Wallace v. Cheng, No. 159691/2023, 2025 WL 1116760 (N.Y. Sup Ct, New York County Apr. 10, 2025), the court granted defendant’s motion to dismiss plaintiff’s claims of race discrimination asserted under the New York State and City Human Rights Laws. From the decision: By decision and order dated May 12, 2022, the federal district…

Read More Federal Court Factual Findings Warrant Dismissal of New York State, City Human Rights Law Race Discrimination Claims
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In Troche v. New York City Transit Authority, No. 156731/2024, 2025 WL 1542341 (N.Y. Sup Ct, New York County May 29, 2025), the court granted defendant’s motion to dismiss plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. In sum, plaintiff alleged that the defendant committed discrimination by refusing to…

Read More Failure to Plead Known Disability Requiring Accommodation Dooms Discrimination Claims Against NYC Transit Authority
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In O’Reilly v. The Institute For Cancer Research, 2025 WL 1534969 (E.D.Pa. May 29, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s quid pro quo sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Quid pro quo sexual harassment occurs when an employee experiences…

Read More Quid Pro Quo Sexual Harassment Claim Survives Dismissal
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In Krstovska v. Staunton Financial, Inc., Case No. 24-12903, 2025 WL 1524456 (E.D.Mich. May 27, 2025), the court, inter alia, the court dismissed plaintiff’s claims of hostile work environment and retaliation under Title VII of the Civil Rights Act of 1964, on the ground that plaintiff failed to exhaust her administrative remedies. From the decision:…

Read More Title VII Hostile Work Environment Claim Dismissed as Not Administratively Exhausted at the EEOC
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In Muckey v. Levy Employment Law LLC, No. 152917/2025, 2025 WL 1495504 (N.Y. Sup Ct, New York County May 19, 2025), the court denied the petitioner’s request for pre-action discovery – namely, portions of a report regarding what a non-party (C.S.) said about their alleged sexual contact during an investigation culminating in a report finding,…

Read More Claim For Pre-Action Discovery Under CPLR 3102 Denied, Deemed Based on “Guesswork”
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In Flanagan et al v. Girl Scouts of Suffolk County, Inc. et al, 23-7900-cv, 2025 WL 1501751 (2d Cir. May 27, 2025), the court, inter alia, held that plaintiff plausibly alleged race discrimination under 42 U.S.C. § 1981 and the New York State Human Rights Law (NYSHRL), and vacated a lower court order holding otherwise.…

Read More Race Discrimination Claims Plausibly Alleged; 2nd Circuit Vacates Dismissal
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Today is Memorial Day, observed on the last Monday in May, which is an “annual day of remembrance to honor all those who died in service to the U.S. during peacetime and war.” Per federal law: (a) Designation.–The last Monday in May is Memorial Day. (b) Proclamation.–The President is requested to issue each year a…

Read More Happy Memorial Day 2025
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In Wallace v. Mary Baldwin University, 2025 WL 1409860 (4th Cir. May 15, 2025), the court affirmed the lower court’s orders dismissing, for failure to state a claim, her complaints raising claims of sex discrimination and retaliation under Title VII of the Civil Rights Act of 1964. From the decision: A plaintiff can establish a…

Read More Title VII Sex Discrimination and Retaliation Claims Properly Dismissed, 4th Circuit Holds
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In Fields v. Louis DeJoy, in his official capacity as Postmaster General of the United States, Case No.: 7:24-cv-01182-RDP, 2025 WL 1436563 (N.D.Ala. May 19, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision:…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal
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