Author: mjpospis

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In Creacy v. BCBG Max Azria Grp., LLC, No. 14 CIV. 10008 (ER), 2017 WL 1216580 (S.D.N.Y. Mar. 31, 2017), the court denied defendant’s motion for summary judgment as to her hostile work environment and constructive discharge claims. In sum, plaintiff asserts that defendant subjected her to a racially hostile work environment, retaliated against her, and…

Read More Customer-Caused Race Discrimination/Hostile Work Environment Claims Survive Summary Judgment
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The U.S. Court of Appeals for the Seventh Circuit recently held, in Hively v. Ivy Tech Community College of Indiana (No. 15-1720) (April 4, 2017), that discrimination because of sexual orientation is discrimination based on “sex” in violation of Title VII. From the opinion: Title VII of the Civil Rights Act of 1964 makes it…

Read More 7th Circuit: Sexual Orientation Discrimination is “Sex” Discrimination Under Title VII
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In Macchio v. Michaels Elec. Supply Corp., 2017 NY Slip Op 02636 (App. Div. 2d Dept. April 5, 2017), the court held that plaintiff presented sufficient evidence of pretext to survive summary judgment on his discrimination, retaliation, and FMLA claims, but that his hostile work environment claim was properly dismissed. In this case, plaintiff alleged,…

Read More Employment Discrimination (Ancestry, Association, Religion), Retaliation, and FMLA Claims Survive Summary Judgment; Hostile Work Environment Claim Properly Dismissed
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In yet another sexual harassment lawsuit against Fox News and Roger Ailes, captioned Roginsky v. Fox News Network LLC (NY Sup. Ct. NY Cty. Index 153065/2017) (filed April 3, 2017), plaintiff Julie Roginsky asserts (inter alia) that defendants Fox News, Roger Ailes, and Bill Shine (co-President of Fox News Network) “unlawfully harassed, discriminated against, and…

Read More (Another) Sexual Harassment Lawsuit Against Fox News & Roger Ailes
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In Rivera v. United Parcel Serv., Inc., No. 303092/08, 2017 WL 1082764 (N.Y. App. Div. Mar. 23, 2017), the court upheld jury findings of gender discrimination and retaliation. This case illustrates, among other things, how workplace rumors/gossip can give rise to an actionable claim. As to plaintiff’s gender discrimination claim, the court explained: Plaintiff was…

Read More Court Upholds Plaintiff’s Gender Discrimination & Retaliation Verdict; Cites Sexual Comments and “Affair” Rumors
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In Matter of AMG Managing Partners v. NYS Div. of Human Rights, No. TP 16-01391, 2017 WL 1187641 (N.Y. App. Div. 4th Dept. Mar. 31, 2017), the court upheld a New York State Division of Human Rights determination that the complainant was subjected to hostile work environment sexual harassment, but reduced the emotional distress damages award to…

Read More Sexual Harassment/Hostile Work Environment Finding Upheld; Damages Reduced to $25,000
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In Cowan v. City of Mount Vernon, No. 14-CV-8871 (KMK), 2017 WL 1169667 (S.D.N.Y. Mar. 28, 2017), the court dismissed plaintiff’s sexual harassment claim as insufficiently pled. This decision illustrates the degree of specificity courts look for when evaluating these types of claims on a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss. From…

Read More Sexual Harassment Claim Dismissed; Court Cites Lack of Complaint’s Specificity
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In Balk v. New York Institute of Technology, No. 16-984-CV, 2017 WL 1103428, (2d Cir. Mar. 23, 2017) (Summary Order), the Second Circuit affirmed the dismissal of the race, national origin, and religious discrimination claims asserted by the plaintiff. The court considered, and rejected, plaintiff’s reliance on the so-called “customer preference” doctrine, which provides (in sum) that…

Read More 2d Circuit Affirms Dismissal of Non-Muslim American Professor’s Race/Religion/National Origin Discrimination Claims
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In a recent filing in Summer Zervos’ defamation lawsuit against Donald Trump, defendant seeks (inter alia) to have the court “first resolve whether it has authority under the United States Constitution to assert jurisdiction over the President and adjudicate this case during his time in office.” Citing the Supreme Court cases of Clinton v. Jones and…

Read More Filing Sets Stage For Battle Over Presidential Immunity in Summer Zervos’ Lawsuit Against Donald Trump
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In a recent Manhattan federal court lawsuit, Ahmed v. American Museum of Natural History (SDNY 17-2095 filed March 23, 2017), the (male) plaintiff asserts that he was subjected to retaliation for opposing sexual harassment of a female colleague by his boss, in violation of Title VII of the Civil Rights Act of 1964 and the…

Read More Sexual Harassment Lawsuit Against the American Museum of Natural History
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