Author: mjpospis

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In Erazo v. IGH Restoration LLC, 23 Civ. 3982 (DEH), 2025 WL 2298712 (S.D.N.Y. Aug. 8, 2025), concerning alleged sexual harassment, the court denied defendants’ motion for summary judgment on plaintiff’s claims under Title VII of the Civil Rights Act of 1964. Specifically, this decision discusses the issue of whether a defendant is considered an…

Read More Sexual Harassment Plaintiff Presents Sufficient Evidence to Create Triable Issue as to Whether Defendant is a Title VII “Employer”
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In Lambert et al v. New Start Capital LLC et al, 1:24-cv-8055-GHW, 2025 WL 2295254 (S.D.N.Y. August 7, 2025), the court addressed a novel legal questions regarding the relatively new Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). In sum, one plaintiff – Lambert, a Black woman – alleges that she was…

Read More SDNY Interprets the EFAA to Apply to Sexual Harassment & Related Wage-and-Hour Claims, But Not to Third Plaintiff’s Claims Unrelated to Sexual Harassment Claims
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In Mofrad v. United Parcel Service, Inc., Case No. 23-cv-01899-AMO, 2025 WL 2308492 (N.D.Cal. Aug. 11, 2025), the court denied defendant’s motion for summary judgment on plaintiff’s claim of sexual harassment under California’s Fair Employment and Housing Act (“FEHA”). This decision is interesting, in that it arises from a scenario involving allegations by a male…

Read More Sexual Harassment Claim, Arising From Alleged Harassment of Male by Female Subordinate, Survives Summary Judgment
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In Choudhury v. Northwell Health, Inc., 23-cv-01406 (NCM) (SIL), 2025 WL 2300220 (E.D.N.Y. Aug. 8, 2025), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of race, religion, and national origin based hostile work environment asserted under the New York State Human Rights Law. Notably, the court initially granted defendants’ motion…

Read More Hostile Work Environment Claims Survive Summary Judgment Under NYS Human Rights Law (But Not Title VII)
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In Guarniero v City of Yonkers, No. 2023-11290, 58292/21, 2025 N.Y. Slip Op. 04554, 2025 WL 2233306 (N.Y.A.D. 2 Dept., Aug. 06, 2025), the New York Appellate Division, Second Department held that plaintiff presented sufficient evidence of failure to accommodate his disability under the New York State Human Rights Law. From the decision: NYSHRL prohibits…

Read More Failure to Accommodate Disability Claim Against City of Yonkers Survives Summary Judgment
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Being fired is an incredibly stressful and confusing experience, especially when you believe the termination was unfair or illegal. It’s a moment when emotions run high, and it can be difficult to think clearly. However, the actions you take (or don’t take) immediately following your termination can significantly impact your ability to pursue a legal…

Read More A Practical Guide for NYC Workers: What to Do (and Not to Do) After Being Fired Unfairly
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In Pacheco v. Kukaj, No. 158029/2024, 2025 WL 2256864 (N.Y. Sup Ct, New York County Aug. 05, 2025), the court denied defendant’s motion to dismiss plaintiff’s cause of action asserted under Victims of Violent Crime Protection Act, N.Y.C. Administrative Code § 10-401 et seq. From the decision: Under CPLR § 3211(a)(7), a “party may move…

Read More Plaintiff Sufficiently Alleges Claim Under NYC’s Victims of Violent Crime Protection Act, Court Holds
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In Brunette v. Bausch Health US, LLC, Case # 22-CV-6376-FPG-CDH, 2025 WL 2240477 (W.D.N.Y. Aug. 2025), the court granted defendant’s motion for summary judgment dismissing plaintiff’s claims of age- and disability-based hostile work environment. This decision illustrates the well-established point, integral to employment law, that generally unpleasant conduct – such as being micromanaged, reprimanded, etc.…

Read More Age and Disability-Based Hostile Work Environment Claims Dismissed
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In Dassie v. Wilmer Cutler Pickering Hale and Dorr, LLP, No. 160227/2023, 2025 WL 2224323 (N.Y. Sup Ct, New York County Aug. 05, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claims asserted under the New York City Human Rights Law. From the decision: A hostile work environment violates…

Read More Race, National Origin Discrimination-Based Hostile Work Environment Claims Dismissed Against WilmerHale
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In Duff v. Royer Cooper Cohen Braunfeld LLC, No. 659884/2024, 2025 WL 1907934, 2025 N.Y. Slip Op. 32619(U) (N.Y. Sup Ct, New York County July 10, 2025), the court held that plaintiff did not have a viable breach of contract claim – in light of his “at will” employment status – his age discrimination claims…

Read More At-Will Employee Fails to State Breach of Contract Claim, But Age Discrimination Claims Survive
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