Author: mjpospis

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In Pertillar v. AAA Western and Central New York, 16-238, 2018 WL 583115 (N.D.N.Y. Jan. 26, 2018), the court dismissed plaintiff’s race discrimination and hostile work environment claims, but held that plaintiff sufficiently alleged retaliation. The court summarized the requirements for pleading retaliation: A plaintiff claiming retaliation under Title VII [of the Civil Rights Act…

Read More Retaliation Claim Sufficiently Alleged, Based on “Very Close” Temporal Proximity Between Protected Activity & Adverse Action
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In Canty v. The Dept. of Educ. of the City of New York (Sup. Ct. Kings Cty. 500257/2015 Feb. 1, 2018), the court held, inter alia, that plaintiff – a 61 year-old, African teacher – stated a cause of action for retaliation and discrimination under the NYC Human Rights Law. In sum, the court held that…

Read More Teacher States Age/Race Discrimination and Retaliation Claims Under the NYCHRL
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From French v. County of Erie, 2018 WL 647470, at *1 (W.D.N.Y., 2018): It is undisputed that the defendants met their burden of production of legitimate, non-retaliatory reasons for plaintiff French’s termination under the McDonnell Douglas burden-shifting framework. See Bucalo v. Shelter Island Union Free Sch. Dist., 691 F.3d 119, 130 n.6 (2d Cir. 2012) (citing…

Read More Retaliation Claim Survives Summary Judgment
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In Artis v. District of Columbia, 2018 WL 491524 (U.S. Sup. Ct. Jan. 22, 2018), the U.S. Supreme Court interpreted a federal statute, 28 U.S.C. § 1367(d), which provides the timeframe for when state claims must be re-filed in state court after their dismissal from a federal action. In many cases, particularly employment discrimination cases,…

Read More SCOTUS Interprets Statute Relating to Timeframe For Refiling State Law Claims (Including For Employment Discrimination) When Federal Court Dismisses Them
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In Picarella v. HSBC Securities (USA) Inc., 2018 WL 627517 (2d Cir. Jan. 31, 2018) (Summary Order) – an employment discrimination case – the Second Circuit declined to upset a jury verdict and resulting judgment in favor of defendant HSBC. Plaintiff asserted claims of retaliation under Title VII of the Civil Rights Act of 1964…

Read More 2d Circuit Declines to Award New Trial in Employment Discrimination Case; Defense Counsel’s Opening Statement Was Not Improper
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On January 10, 2018, the New York City Human Rights Law was amended with respect to its definitions of “sexual orientation” (N.Y.C. Admin. Code § 8-102(20)) and “gender” (id. § 8-102(23)) to effectively broaden those terms. The NYC Human Rights Law, inter alia, prohibits discrimination (in various forms) “because of the actual or perceived … gender [or]…

Read More Local Law Amends NYC Human Rights Law’s Definitions of “Sexual Orientation”, “Gender”
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A recent (December 2017) Reuters/Ipsos poll, discussed at The Ladders, indicates that Americans hold wildly different views about what constitutes sexual harassment. For example, the poll reflects[1]Source that 7 out of 10 men, and 8 out of 10 women, believe that “intentionally touching anywhere on your body without consent” is sexual harassment, minorities are more likely…

Read More New Poll Reflects Disagreement, Uncertainty About What Constitutes Sexual Harassment
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In Cardin v. Securitas Security Services USA, Inc., 16-cv-6101, 2018 WL 562941 (S.D.N.Y. Jan. 24, 2018), the court dismissed plaintiff’s employment discrimination claim, due to the absence of an “adverse employment action”, and the facts did not support the requisite inference of discrimination. In sum: believing plaintiff used his cell phone in the bathroom, plaintiff’s…

Read More Short-Lived “Write-Up” Was Not An “Adverse Employment Action”
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In Figueroa v. KK Sub II et al, 15-cv-6526, 2018 WL 573571 (W.D.N.Y. Jan. 26, 2018), the court (inter alia) denied defendant’s motion for summary judgment as to plaintiff’s retaliatory termination claims under Title VII and the New York State Human Rights Law. In sum,[1]As always, this is a brief summary of the facts of…

Read More Retaliatory Termination Case Survives Summary Judgment; Evidence Included instruction to “Keep An Eye On” Plaintiff
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In Makinen v. City of New York, 2018 WL 546409 (2d Cir. Jan. 25, 2018) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiffs’ constructive discharge claim under the Americans with Disabilities Act and the New York State Human Rights Law. In sum, plaintiffs (city police officers) alleged that they suffered discrimination…

Read More 2d Circuit Affirms Dismissal of Plaintiffs’ Constructive Discharge Claims Based on Perceived Alcoholism
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