Author: mjpospis

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In Garcia v. Westhampton Primary Care, 2:23-cv-4319 (NJC) (ST), 2025 WL 2494357 (E.D.N.Y. Aug. 30, 2025), the court, inter alia, held that plaintiff plausibly alleged claims of hostile work environment under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. The court summarized, and applied, the law…

Read More Hostile Work Environment, Retaliatory Hostile Work Environment Claims Survive Dismissal
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In Fisher v. Valley Stream Central High School District et al, 2025 WL 2467046 (E.D.N.Y. Aug. 27, 2025), the court, inter alia, held that plaintiff sufficiently stated a cause of action for retaliation under Title VII of the Civil Rights Act of 1964. Specifically, plaintiff alleged that defendants suspended her pay and benefits, in retaliation…

Read More Title VII Retaliation Claim, Based on Complaints About Alleged Excessive Workload Due to Status as Unmarried Woman With Children, Survives Dismissal
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For many of us, Labor Day is the unofficial farewell to summer. It’s a three-day weekend filled with barbecues, beach trips, and one last chance to enjoy the warm weather before the crisp autumn air arrives. But amidst the fun and relaxation, it’s easy to forget the true meaning of this holiday. Labor Day is…

Read More Happy Labor Day 2025
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In McCarthy v. Motorola Solutions Inc. & Joshua Thompson, No. 21-CV-4020 (RER) (MMH), 2025 WL 2482247 (E.D.N.Y., 2025), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s claims of age discrimination under the New York City Human Rights Law. From the decision: First, Plaintiff has failed to connect Defendant Thompson’s conduct to…

Read More NYCHRL Age Discrimination Claim Dismissed; Alleged “Obnoxious and Overbearing” Was Not Discriminatory
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Falling unexpectedly can be disorienting and painful, but it’s crucial to act quickly and methodically, especially if you’ve been injured. Your actions immediately after a slip-and-fall accident in New York can significantly impact your health and any potential legal claims. Knowing what to do in the first minutes and hours is the key to protecting…

Read More What to Do After a Slip/Trip and Fall Accident in New York
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In Nazath v Our Lady of Consolation Nursing & Rehabilitative Care Center, No. 2023-06250, 615567/22, 2025 N.Y. Slip Op. 04796, 2025 WL 2458592 (App. Div. 2 Dept. Aug. 27, 2025), the Appellate Division, Second Department affirmed the lower court’s denial of defendant’s motion to dismiss plaintiff’s claims of disability discrimination and retaliation in violation of…

Read More Perceived-Disability Discrimination & Retaliation Claims Survive Dismissal, 2nd Dept. Holds
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In Hechavarria v. Scorch Bar & Grill Inc., 23-CV-1743 (NGG) (VMS), 2025 WL 2476346 (E.D.N.Y. Aug. 28, 2025), the U.S. District Court for the Eastern District of New York, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claims. Plaintiff contends, among other things, that he was engaged in an…

Read More One-Time N-Word Use Sufficient to Defeat Summary Judgment on Race-Based Hostile Work Environment Claims, EDNY Holds
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In a recent case, In re AAM Holding Corp., 2025 WL 2433651 (2d Cir. Aug. 25, 2025), the U.S. Court of Appeals for the Second Circuit weighed in on an important aspect of federal anti-discrimination law, namely, the authority of the U.S. Equal Employment Opportunity Commission (EEOC) to continue its investigation – here, its quest…

Read More 2nd Circuit: EEOC Retains Investigative Authority Following Right-to-Sue Letter
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In Rachwalski v. Pamela Bondi et al, 2025 WL 2432162 (S.D.Ind. Aug. 21, 2025), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Right Act of 1964. From the decision: Title VII prohibits employers from discriminating against employees based on…

Read More Sex-Based Hostile Work Environment Claim Dismissed; Alleged Conduct Was Not Objectively Offensive Nor Severe or Pervasive
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In Katz v. NYC Housing Preservation & Development et al, No. 100949/2024, 2025 N.Y. Slip Op. 51290(U), 2025 WL 2414472 (Sup Ct, Aug. 18, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of discrimination based on familial status under the New York State and City Human Rights Laws. In reaching its…

Read More “Familial Status” Discrimination Does Not Pertain to Family Size, Court Holds
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