Author: mjpospis

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In Zarda v. Altitude Express (2d Cir. No. 15-3775 April 18, 2017), the Second Circuit – in a per curiam opinion issued by a panel comprising Judges Jacobs, Sack, and Lynch – affirmed the summary judgment dismissal of a gay man’s claim that his employer terminated him because of his sexual orientation, in violation of…

Read More 2d Circuit En Banc Panel to Consider Sexual Orientation Discrimination Claims Under Title VII
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In Grimes-Jenkins v. Consolidated Edison Co., No. 16-cv-4897, 2017 WL 2258374 (S.D.N.Y. May 22, 2017), the court held, inter alia, that plaintiff – an African American woman – plausibly alleged gender and race discrimination claims under the NYC Human Rights Law. As to her gender discrimination claim, the court held: The plaintiff makes numerous timely…

Read More Gender, Race Discrimination Claims Plausibly Alleged Under the NYC Human Rights Law Against Con Edison
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In Makinen v. City of New York (2d Cir. 16-973 May 22, 2017), the court certified the following question to the New York Court of Appeals: Do sections 8‐102(16)(c) 7 and 8‐107(1)(a) of the New York City Administrative Code preclude a plaintiff from bringing a disability discrimination claim based solely on a perception of untreated alcoholism? This…

Read More 2nd Circuit Certifies Question to New York Court of Appeals Regarding Disability Discrimination Claims of “Perceived Alcoholism”
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In Lopez v. East Hampton Union Free School District, No. 14-cv-1999, 2017 WL 2242874 (E.D.N.Y. May 20, 2017), the court, inter alia, denied defendant school district’s motion for summary judgment on plaintiff’s claims of gender discrimination and retaliation. As to her gender discrimination claim, the court held: Defendant has not met its burden in demonstrating…

Read More Gender Discrimination (Termination) and Retaliation Claims Survive Summary Judgment, Continue Against East Hampton Union Free School District
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Unlike Title VII of the Civil Rights Act of 1964, the New York State and City Human Rights Laws do provide for individual liability in certain circumstances. A recent decision, Popat v. Levy et al, No. 1:15-CV-01052 EAW, 2017 WL 2210762 (W.D.N.Y. May 19, 2017), explains and applies the principles regarding individual liability under the…

Read More Race/National Origin Discrimination Claims Plausibly Alleged Against Individual
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In Kirkland v. Speedway LLC, No. 15-cv-1184, 2017 WL 2198963 (N.D.N.Y. May 18, 2017) (J. Scullin), the U.S. District Court for the Northern District of New York denied defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment under the NYS Human Rights Law. From the decision: Plaintiff proffers the following…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Evidence Included Staring, Inappropriate Name-Calling, & Unsolicited Touching
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A recent Tenth Circuit decision, Jones v. Needham Trucking LLC et al, 16-6156 (10th Cir. May 12, 2017), illustrates the close relationship between the court-recognized “hostile work environment” and “quid pro quo” forms of sexual harassment. The district court granted defendants’ partial motion to dismiss, holding that plaintiff failed to exhaust his administrative remedies for…

Read More 10th Circuit Holds That Quid Pro Quo Sexual Harassment Claim Was Exhausted in EEOC Filing
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In Olenick v. City of N.Y., No. 23466/11, 2017 WL 1743179 (N.Y. Sup. Ct. Kings Cty. May 4, 2017) – a personal injury case by a bicyclist injured when a pedestrian stepped into his path on the Brooklyn Bridge – the court denied the City’s motion for summary judgment and to dismiss plaintiff’s complaint. By its…

Read More Brooklyn Bridge Cyclist Injury Lawsuit Proceeds Against City; Jury to Determine Whether City’s Failure to Conduct Safety Study Contributed to Plaintiff’s Accident
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In Dickens v. Hudson Sheraton Corp. LLC, No. 16-969-CV, 2017 WL 1755941 (2d Cir. May 4, 2017) (Summary Order), the court affirmed the dismissal of plaintiff’s Title VII retaliation claim. Plaintiff contended that he was retaliated against for his participation in a union-sponsored meeting in which he was attempting to oppose what he reasonably viewed…

Read More 2d Circuit Affirms Dismissal of Title VII Retaliation Claims; “Intimidating” Behavior Was Not an “Adverse Employment Action”
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In Hruska v. Bohemian Citizens’ Benevolent Socy. of Astoria, Inc., 2017 NY Slip Op 30423(U) (NY Sup. Ct. NY Cty. 158593/2014 March 2, 2017) – a national origin discrimination and retaliation case – the court granted plaintiff’s motion for leave to reargue (under CPLR 2221(d)(2)) the court dismissal of plaintiff’s retaliation claim under the New York…

Read More Retaliation Claim Proceeds Based on Temporal Proximity Between Lawyer’s Demand Letter and Adverse Action
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