Author: mjpospis

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In Walsh v. HNTB Corporation, 2023 WL 8851163 (D.Mass. Dec. 21, 2023), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment and constructive discharge (on the basis of age discrimination) in violation of the Age Discrimination in Employment Act. This decision teaches that the timing of allegedly…

Read More Age-Based Hostile Work Environment/Constructive Discharge Claim Dismissed; Alleged Discriminatory Comments Occurred 10 Months Before Resignation
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In Vichio v. US Foods, Inc., 88 F.4th 687 (7th Cir. 2023), the court reversed the lower court’s dismissal of plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act, finding that there was a genuine dispute of material fact as to whether the employer’s proffered reason for terminating him – deficient performance…

Read More Age Discrimination Claim Revived Following Summary Judgment Dismissal; Evidence Supported Inference That Alleged Deficient Performance Was Pretext For Discrimination
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In a recent case, Stevenson v. United Animal Health, Inc., Case No. 1:23-cv-00509-TWP-CSW, 2023 WL 9040111 (S.D.Ind. Dec. 29, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim for a sex-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. From the decision: A hostile work environment…

Read More Citing “Bitch” Comments, Court Denies Motion to Dismiss Title VII Sex-Based Hostile Work Environment Claim
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In Clark v. Sampson Regional Medical Center, Incorporated, NO. 5:22-CV-529-FL, 2023 WL 8654920 (E.D.N.C. Dec. 14, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of race & sex-based hostile work environment under Title VII of the Civil Rights Act of 1964. After reciting the elements that a plaintiff must allege to…

Read More Alleged Harassment by CEO Sufficiently Stated Claim for Race, Sex-Based Hostile Work Environment, Court Holds
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In Herskowitz v State, No. 1226, 153247/22, 2023-00700, 2023 N.Y. Slip Op. 06808, 2023 WL 8939015 (N.Y.A.D. 1 Dept., Dec. 28, 2023), the NY Appellate Division, First Department, reinstated the plaintiff’s claim of retaliation asserted under the New York State Human Rights Law. The court summarized the black-letter law as follows: In order to state…

Read More Court Revives Retaliation Claim Arising Out of Corroboration of Sexual Harassment Against Former Governor Cuomo
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As 2023 draws to a close, and we prepare to welcome 2024, it is worthwhile to reflect on the past year and plan for the next. Professionally, that may mean planning for a career change, bolstering one’s credentials, changing jobs, or changing roles/positions in one’s current job. Whatever the new year brings, I wish you…

Read More Happy New Year!
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In Edelman v. NYU Langone Health System et al, 2023 WL 8892482 (S.D.N.Y. Dec. 26, 2023), the court, inter alia, granted defendant’s motion for judgment notwithstanding the verdict on plaintiff’s retaliation claim. Among other points discussed in this comprehensive decision is a key point in retaliation cases. From the decision: The complete absence of evidence…

Read More Court Overturns Retaliation Verdict, Citing Absence of Evidence of Awareness of Gender Discrimination Complaint
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In Hanks v. City of Syracuse, 2023 WL 8889764 (2d Cir. Dec. 26, 2023), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s race discrimination and hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964. The court summarized plaintiff’s allegations as follows:…

Read More 2d Circuit Affirms Dismissal of Black Police Officer’s Race-Based Discrimination & Hostile Work Environment Claims
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In a recent case, Chenn & Bonnick v. MTA-New York City Transit Authority, Case No. 20-CV-2827 (FB) (JAM), 2023 WL 8891411 (E.D.N.Y. Dec. 26, 2023), the court, inter alia, denied defendant’s motion for summary judgment dismissing plaintiff’s failure-to-promote claims asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in…

Read More Discriminatory Failure-to-Promote Claims Survive Summary Judgment, Court Holds
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In Sherman-Harris-Golson v. Forest Park Municipal Authority, Case No. CIV-21-466-F, 2023 WL 8704736 (W.D.Okla. Dec. 15, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. As to the issue of whether the alleged…

Read More Hostile Work Environment Sexual Harassment Claim, Arising From Sexual Assault, Survives Summary Judgment
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