Author: mjpospis

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In Alegre v. The City of New York, No. 157532/2022, 2024 WL 2747895 (N.Y. Sup Ct, New York County May 28, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of arrest record discrimination asserted under the New York State Human Rights Law. From the decision: Finally, Defendants move to dismiss Plaintiff’s cause of…

Read More NYPD Officer Sufficiently Alleges Arrest History Discrimination Claim Under the NYS Human Rights Law
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In Alegre v. The City of New York, No. 157532/2022, 2024 WL 2747895 (N.Y. Sup Ct, New York County May 28, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race discrimination claims asserted under the New York State and City Human Rights Laws. From the decision: Plaintiff’s complaint and amended complaint interpose…

Read More Asian NYPD Officer Sufficiently Alleges Discrimination, Hostile Work Environment Claims
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In Palmer v. Starbucks Corporation et al, 23 Civ. 6951 (JPC), 2024 WL 2779032 (S.D.N.Y. May 28, 2024), the court granted defendants’ motion to compel arbitration of plaintiff’s discrimination and hostile work environment claims and stayed the action pending arbitration. From the decision: Palmer has failed to show a genuine issue of material fact to…

Read More Court Grants Starbucks’ Motion to Compel Arbitration of Employment Discrimination Claims
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In Cumby, Jackson v. Sunbelt Rentals, Inc., Case No. 23-CV-06565-FPG, 2024 WL 2725183 (W.D.N.Y. May 28, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act (ADEA). From the decision: Here, at this early stage of proceedings, Plaintiff has plausibly alleged that…

Read More ADEA Age Discrimination (Termination) Claim Survives Dismissal; Plaintiff Alleged Negative Treatment Relative to Younger Employees
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In Cavanagh v. Idexx Laboratories, Inc., No. 2:23-cv-00273-NT, 2024 WL 2724195 (D.Me. May 28, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex and retaliation-based hostile work environment claims. From the decision: Nelson’s campaign succeeded in souring other IDEXX employees’ opinions of Cavanagh. Due to this souring, IDEXX made Cavanagh jump through…

Read More Sex and Retaliation-Based Hostile Work Environment Claims Survive Dismissal
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In Zano v. Denis R. McDonough, Secretary of Veterans Affairs, Civil Action No. 22-2748 (RBW), 2024 WL 2699976 (D.D.C. May 24, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation asserted under Title VII of the Civil Rights Act of 1964. The court discussed and applied the elements of such…

Read More Department of Veterans Affairs Employee Sufficiently Alleges Retaliation Under Title VII, Court Holds
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In Beauchine v. City of Syracuse, New York et al, 5:21-cv-00845 (BKS/TWD), 2024 WL 2700874 (N.D.N.Y. May 24, 2024), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s gender discrimination claim asserted under 42 U.S.C. § 1983 and the New York State Human Rights Law. In analyzing this claim, the court applied…

Read More Syracuse Police Officer’s Failure to Promote Sex Discrimination Claim Survives Summary Judgment
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In Balchan v. New Rochelle City School District, 23-CV-06202 (PMH), 2024 WL 2058726 (S.D.N.Y. May 7, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of religious discrimination asserted under Title VII of Civil Rights Act of 1964. From the decision: Title VII defines religion capaciously to include all aspects of religious…

Read More Religious Discrimination Claims Survive Dismissal; Court Explains What Constitutes “Religion” Under Anti-Discrimination Laws
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In Dawn v. Nexdine Hospitality, 2024 WL 2258333 (S.D.Fla. May 16, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: The Court finds that Plaintiff has not pled facts demonstrating severe or…

Read More Sexual Harassment Claims Dismissed, With Leave to File an Amended Complaint
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In Azanedo v. Alaris Health at Castle Hill, 2024 WL 1727654 (N.J.Super.A.D., 2024), the court, inter alia, affirmed the dismissal of plaintiff’s sex-based hostile work environment claim. From the decision: After examining the record on appeal, and considering the proofs as a whole, whether plaintiff was called a “bitch” on a “daily” basis or whether…

Read More Sex-Based Hostile Work Environment Claim Properly Dismissed; Court Cites Plaintiff’s Use of the Word “Bitch”
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