Author: mjpospis

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In Zuber v. Republic First Bancorp Inc., No. 23-991, 2024 WL 5147018 (E.D.Pa. Dec. 17, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. As to whether the alleged harassment was sufficiently “severe or pervasive”, the…

Read More Hostile Work Environment Sexual Harassment Claim Survives Summary Judgment; Court Cited Alleged Request to Have Sex at Work Despite Prior Rejection
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In Quiles-Carrasquillo v. Louis DeJoy, Postmaster General of the U.S. Postal Service, Civil No. 23-1468 (FAB), 2025 WL 25672 (D.Puerto Rico Jan. 3, 2025), the court, inter alia, adopted a Magistrate Judge’s Report & Recommendation recommending the denial of defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim pursuant to Title VII of the…

Read More Hostile Work Environment Claim Sufficiently Alleged; Verbal Threats Were Sufficiently “Severe”
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In Smith v. Louis DeJoy, 2024 WL 5145956 (N.D.Ala. Dec. 17, 2024), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s hostile work environment claim. From the decision: Plaintiff’s termination was a single discrete event. So, in the absence of pervasiveness, the only way for her hostile work environment claim to survive…

Read More Hostile Work Environment Claim Dismissed; Termination Was Not Sufficiently “Severe”
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In Ripoli v. Department of Human Services, Office of Veterans Services, No. 23-1970, 2024 WL 5116941 (1st Cir. Dec. 16, 2024), the U.S. Court of Appeals for the First Circuit, inter alia, vacated the lower court’s order granting summary judgment to the defendant on plaintiff’s disparate treatment discrimination claims. From the decision: Our inquiry begins…

Read More First Circuit Vacates Summary Judgment for Defendant on Title VII Sex & Sexual Orientation Discrimination Claims; Fact issues Existed as to Whether Reorganization Was Pretextual
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In Urban v. 35 East 19th Street Medicine, P.C., No. 151191/2024, 2024 WL 5248282 (N.Y. Sup Ct, New York County Dec. 20, 2024), a gender/pregnancy discrimination case, the court granted the defendant’s motion to compel arbitration. From the decision: New York public policy favors enforcement of contracts for arbitration (Cooper v Bruckner, 21 A.D.3d 758…

Read More Court Grants Defendant’s Motion to Compel Arbitration of Gender/Pregnancy Discrimination Claims
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As 2024 comes to a close, it’s time to reflect on the challenges and growth we’ve experienced in the legal profession. This year has been marked by technological advances, new laws and regulations, a host of court decisions interpreting the law, and the ongoing need to adapt. Our relationships with clients have been at the heart…

Read More 2024: In Review
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In McCabe v 511 West 232nd Owners Corp., No. 91, 2024 N.Y. Slip Op. 06290, 2024 WL 5126078 (N.Y., Dec. 17, 2024), the New York Court of Appeals held, as a matter of first impression, that a co-op board’s refusal to transfer a building unit to a shareholder’s partner because they were not married did…

Read More NY Court of Appeals: Co-Op Board’s Declining to Treat Deceased Shareholder’s Unmarried Partner as “Spouse” Did Not Constitute Discrimination Based on “Marital Status” Under the New York City Human Rights Law
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In Berrios v. Rose Associates, Inc., No. 652417/2021, 2024 WL 5182598 (N.Y. Sup Ct, New York County Dec. 19, 2024), a housing discrimination case, the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of retaliation asserted under the New York State and City Human Rights Laws. From the decision: To prove…

Read More Retaliation Claims, Based on Issues With Repair and Service Following Complaint About Super’s Alleged Discriminatory Comment, Survives Summary Judgment
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In Berrios v. Rose Associates, Inc., No. 652417/2021, 2024 WL 5182598 (N.Y. Sup Ct, New York County Dec. 19, 2024), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s claims of housing discrimination asserted under the New York State Human Rights Law (N.Y. Executive Law § 296(5)) and the New York City…

Read More Housing Discrimination Claims, Asserted Under the NYS and NYC Human Rights Laws, Dismissed
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In James v. Denis McDonough in his official capacity as Secretary, United States Department of Veterans Affairs, Case No. 2:23-cv-02386-SHL-cgc, 2024 WL 5147647 (W.D.Tenn. Dec. 17, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. From the decision: Here, James alleges that Strawder, who is…

Read More Title VII Hostile Work Environment Sexual Harassment Against VA Survives Summary Judgment
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