Author: mjpospis

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In a recent case, Treadwell v. District of Columbia, Case No. 23-cv-03616 (CRC), 2023 WL 8764349 (D.D.C. Dec. 19, 2023), the court, inter alia, held that plaintiff plausibly alleged a claim of age discrimination arising from alleged offensive, age-related comments. From the decision: Though not by much, Treadwell has sufficiently pled that OAG subjected her…

Read More Age-Related Comments Plausibly Support Hostile Work Environment Claim, Court Holds
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In United States v. Gangapersad, 2022 WL 17585850 (E.D.N.Y. Dec. 12, 2022), the court imposed a sentence on a defendant convicted of making false statements to FBI agents concerning a shooting (specifically, whether she indeed witnessed said shooting). Putting aside the court’s articulation and application of the black-letter law, the court added this seasonally-appropriate nugget:…

Read More Judge, Who is Not Santa Claus, Imposes Sentence Upon False-Statement Conviction
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In Belvin v. Electchester Management, LLC, 17-CV-6303 (NGG) (PK), 2020 WL 7262877 (E.D.N.Y. Dec. 10, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s disability discrimination claim, based on the “adverse action” of denying plaintiff his Christmas bonus. From the decision: Mr. Mayers has adduced sufficient evidence from which a juror…

Read More Disability Discrimination Claim, Arising From Withholding of Christmas Bonus, Survives Summary Judgment
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In Newson v. Vivaldi Real Estate Ltd., No. 452625/2022, 2023 WL 8846564 (N.Y. Sup Ct, New York County Dec. 21, 2023), the court denied defendants’ motion to reargue/for reconsideration of the court’s denial of defendants’ motion to dismiss plaintiff’s claim of housing discrimination, based on lawful source of income, under the New York City Human…

Read More Housing Discrimination Owner Defendants Vicariously Liable, in Source-of-Income Discrimination Case, for Acts of Real Estate Agent, Court Holds
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In a recent decision, Lorraine A. Gittens-Bridges v. City of New York, Claudette , Dina Simon, Nadene Pinnock, Audwin Pemberton, Garland Barreto, 2023 WL 8825342 (2d Cir. Dec. 21, 2023), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the lower court’s grant of summary judgment on plaintiff’s age-based hostile work environment…

Read More Age-Based Hostile Work Environment Claims Properly Dismissed, Notwithstanding “Old School” Comment, Second Circuit Concludes
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In Crawford v. David Ratner, No. 952052/2023, 2023 WL 8810507 (N.Y. Sup Ct, New York County Dec. 20, 2023), the court, inter alia, denied the defendant’s motion to dismiss plaintiff’s claims – arising from a series of alleged sexual assaults, sexual harassment and retaliatory conduct between 2010 and 2011 by the defendant – under the…

Read More Adult Survivors Act (ASA) Revives NYC Human Rights Law Claims, in Sexual Harassment Lawsuit Arising From 2010-2011 Conduct, Court Rules
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In a recent case, Louis v. Victor Niederhoffer, 2023 WL 8777015 (S.D.N.Y. Dec. 19, 2023), the court dismissed plaintiff’s claims asserted under the Gender-Motivated Violence Law, N.Y.C. Admin. Code s. 10-1101 et seq. Her complaint describes conduct – including sexual harassment, sexual abuse, and rape – that plaintiff alleges occurred during her employment at Mr.…

Read More Gender-Motivated Violence Law Claims, Based on Alleged Conduct Before Law’s Passage, Dismissed
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In a recent case, Starks v. Metropolitan Transp. Authority, No. 155317/2022, 2023 WL 8035649, 2023 N.Y. Slip Op. 34133(U) (N.Y. Sup Ct, New York County Nov. 17, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race/gender discrimination complaint on the ground that it is barred under the “election of remedies” doctrine of…

Read More Dual-Filing With the EEOC and New York State Agency Did Not Trigger Election of Remedies, Court Holds
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In Bethea, Diamin v. Winfield Security Corporation, 23 Civ. 922 (AT), 2023 WL 8650004 (S.D.N.Y. Dec. 14, 2023), the court, inter alia, denied defendant’s motion for judgment on the pleadings (under Federal Rule of Civil Procedure 12(c)) on plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, the New York…

Read More Retaliation Claims, Arising From Removal From Schedule Shortly After Pregnancy Accommodation Request, Sufficiently Alleged
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In Price v. Valvoline, LLC, 2023 WL 8664627 (5th Cir. 2023), the court, inter alia, affirmed the dismissal of plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In sum, the court held that defendant terminated plaintiff’s employment due to his repeated absenteeism (and thus affirmed the…

Read More Title VII Race-Based Hostile Work Environment Dismissal Affirmed; “Boy” and “You People” Comments Deemed Insufficient in This Case
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