Author: mjpospis

by

Today the U.S. Supreme Court decided, in Vance v. Ball State University, which employees are “supervisors” within the meaning of Title VII of the Civil Rights Act of 1964.  I previously wrote about the case here. Whether the alleged discriminator/harasser is the plaintiff’s “supervisor” or “co-worker” is critical: Under Title VII, an employer’s liability for ……

Read More U.S. Supreme Court Clarifies Who Is A Title VII “Supervisor”
Share This:
by

A case recently decided by the Eastern District of New York, Smith v NYC Health and Hosp Corp., 10-cv-714 (EDNY June 18, 2013), illustrates the somewhat difficult task faced by employment discrimination plaintiffs and confirms that not all workplace adversity is actionable. In short, the law does not impose a “general civility code which prohibits all…

Read More Court Rejects Plaintiff’s Hostile Work Environment and Retaliation Claims
Share This:
by

In Martino v. Consolidated Edison Co. of N.Y., Inc., 105 AD3d 575 (App. Div. 1st Dept Apr. 18, 2013), the First Department held that New York’s “conviction discrimination” law (NY Correction Law Article 23-A, §§ 750-755) does not protect an employee from discipline/termination due to convictions and arrests incurred while they are employed. The court explained: Defendant…

Read More First Department Holds That New York’s “Conviction Discrimination” Law Does Not Protect Employee Where Conviction Occurs During Employment
Share This:
by

A plaintiff (Thomas) recently saw his more than $600,000 jury verdict in a civil rights case against the NYPD crumble to dust due to an undisclosed agreement with a fact witness (Marrow) who testified in his favor.  The court’s decision in the case, Thomas v. City of New York, is here.   There, the court granted defendants’ motion…

Read More Substantial False Arrest Jury Verdict Tossed Because of Undisclosed Agreement Between Plaintiff And Key Fact Witness
Share This:
by

Yesterday the Appellate Division, First Department found, in Grinberg v. C & L Contracting Corp, that awards of $75,000 and $35,000 for past and future pain and suffering, respectively, were “inadequate” to compensate the plaintiff for injuries sustained in a fall.  It therefore remanded for a new trial on damages unless defendant stipulated to an increase…

Read More Damages Increased From $110,000 to $950,000 in Slip/Fall Case
Share This:
by

This week the Southern District of New York held, in Glatt v. Fox Searchlight Pictures Inc., 2013 WL 2495140 (SDNY June 11, 2013), that two unpaid interns who worked on the movie Black Swan in New York were “employees” under the federal Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). Citing and applying…

Read More Court Holds That Black Swan Unpaid Interns Were “Employees” Under Federal And New York Wage Laws
Share This:
by

Below is the complaint, captioned Burhans and Rivera v. Lopez and Silver, 13 CIV 3870, filed in the Southern District of New York by Victoria Burhans and Chloe Rivera against (former) Assemblyman Vito Lopez and Assembly Speaker Sheldon Silver.   Plaintiffs allege violations of the Fourteenth Amendment (through 42 U.S.C. § 1983), the New York State Human…

Read More Federal Sexual Harassment Complaint Against Vito Lopez and Sheldon Silver
Share This:
by

Last week in Williams v. Board of Education-City of Buffalo, the Second Circuit affirmed the summary judgment dismissal of plaintiff’s First Amendment retaliation claims.  The district court’s decision is here, and the Second Circuit’s decision is here. Plaintiff, a clerk at the Riverside Institute of Technology, claimed that the principal instructed her to “alter payroll documentation…

Read More School Clerk’s Complaints About Payroll Fraud Not Protected Under the First Amendment
Share This: