Author: mjpospis

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In Izuogu v. Credit Agricole Corporate and Investment Bank, New York, 24 Civ. 4329 (DEH), 2025 WL 2806683 (S.D.N.Y. Oct. 2, 2025), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s hostile work environment claims under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. 1981. From the decision: To establish…

Read More Hostile Work Environment Claims Dismissed; Remarks, Gossip, False Complaint Did Not Reference Race or National Origin
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In Lindsey v. Citigroup Global Markets Inc., 1:23-cv-10166-ALC, 2025 WL 2781281 (S.D.N.Y. Sept. 30, 2025), the court discussed and applied the “continuing violation” doctrine under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleges that she was subjected to a hostile work environment, commencing in 2007 with an alleged sexual assault,…

Read More Title VII Hostile Work Environment Claim Survives Motion to Dismiss; Applicability of “Continuing Violation” Doctrine Must Await Further Factual Development
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In Smith v. Meta Platforms, Inc., 24 Civ. 4633 (JPC), 2025 WL 2782484 (S.D.N.Y. Sept. 30, 2025), the court held that a party invoking the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) must actually allege facts that constitute sexual harassment. Here, the plaintiff did not: To determine whether this…

Read More Non-Sexual Gender Discrimination Did Not Trigger EFAA’s Arbitration Bar
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In Mehta, Anisha v. DLA Piper LLP, 23 Civ. 4757 (AT), 2025 WL 2771659 (S.D.N.Y. Sept. 29, 2025), the court denied defendant’s motion for summary judgment on plaintiff’s claims of pregnancy discrimination asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City…

Read More Pregnancy Discrimination Claims Survive Summary Judgment Against DLA Pipler
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In Batayneh v. Reunited Clothing, LLC, No. 152829/2025, 2025 WL 2682960 (N.Y. Sup Ct, New York County Sep. 18, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s promissory estoppel claim. This decision illustrates the difficulty of asserting common-law claims in the “at will” employment context. Specifically: Plaintiff claims Reunited hired her as…

Read More At-Will Employee’s Promissory Estoppel Claim Dismissed
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In Carey v. NYS Department of Health, 2025 WL 2732918 (S.D.N.Y. Sept. 25, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment claims asserted under the New York State and City Human Rights Laws. This decision illustrates the difference between the relatively restrictive federal law, on the…

Read More Sex-Based Hostile Work Environment Claims Survive Under New York State and City Human Rights Laws
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If you believe you’ve been subjected to employment discrimination, knowing your rights is the crucial first step toward justice. The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing various federal laws that make it illegal to discriminate against a job applicant or an employee based on various protected characteristics. Importantly,…

Read More Know Your Rights: A Guide to Filing a Complaint with the EEOC
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In Schneidermesser v. NYU Grossman School of Medicine, 2025 WL 2732877 (S.D.N.Y. Sept. 25, 2025), the court, inter alia, denied defendant’s motion for reconsideration of the court’s denial of its motion for summary judgment as to plaintiff’s age-based hostile work environment claim. From the decision: NYU Langone raises two arguments in its motion. First, it…

Read More Age-Based Hostile Work Environment Claim Survives Summary Judgment; Motion for Reconsideration Denied
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In Chislett v. New York City Department of Education, No. 24-972-cv, 2025 WL 2725669 (2d Cir. Sept. 25, 2025), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the lower court’s award of summary judgment on plaintiff’s race-based hostile work environment claim. As it was undisputed that plaintiff subjectively perceived the environment…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment Against the NYC Department of Education
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In Kelly v. Rosenberg & Estis, P.C. et al, 25-cv-4776 (CM), 2025 WL 2709157 (S.D.N.Y. Sept. 23, 2025), the court, inter alia, held that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021  (EFAA) applied to plaintiff’s entire case – which included her allegations of sexual harassment – and thus denied…

Read More Sexual Harassment Claim Made Out Under NYCHRL; EFAA Applied to Entire Case; Motion to Compel Arbitration Denied
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