mjpospis, Author at Pospis Law, PLLC

May 7, 2013 by mjpospis

Supervisor’s Inaction Leads to Substantial Award for Victim of Sexual Harassment

The New York State Division of Human Rights recently awarded substantial damages to a corrections officer who alleged that she suffered a hostile work environment and that her supervisor turned a blind eye to what was going on. The recommended findings of fact, opinion and decision, and order in Lora Abbott Seabury v. Rensselaer County et…

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May 3, 2013 by mjpospis

Second Circuit Rejects “Sexual Favoritism” Claim And Clarifies The “Objectively Reasonable Belief” Element Of Retaliation

Last week in Kelly v. Howard I. Shapiro & Associates Consulting Engineers, P.C. the Second Circuit affirmed the dismissal of plaintiff’s retaliation claims. The facts, however, are not quite typical: [Plaintiff] quit her job as a human resources manager at her family business after complaining about an affair that one of her brothers, a vice president…

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May 1, 2013 by mjpospis

Struck Pedestrian’s Cell Phone Records Admissible

Everyone knows that drivers who text and talk on their cell phones do so at their peril. Consequences range from tickets and driver license “points” to death. But a recent decision by a Brooklyn trial court in Miller v. Lewis, 40 Misc.3d 490, highlights the dangers of cell phone use by pedestrians. (More information on this issue can be…

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April 29, 2013 by mjpospis

Retaliation Claim Based On Unemployment Filing Survives

A recent decision, Delucia v. Abbondandolo, Index No. 005793-10 (N.Y. Sup. Ct. Nassau Cty. March 11, 2013), held that, in the circumstances of that case, it was unlawful to fire an employee because they file for unemployment benefits. After plaintiff Gina Delucia was let go by a non-party employer, she filed for unemployment benefits. The…

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April 27, 2013 by mjpospis

Law Firm Moves To Dismiss Contract Attorney Overtime Suit

Last week law firm Quinn Emanuel Urquhart & Sullivan LLP moved to dismiss, under Federal Rule of Civil Procedure 12(b)(6), the lawsuit filed by contract attorney William Henig “and others similarly situated.” We previously wrote about the suit – in which plaintiffs sued, alleging various violations of federal and New York State wage and hour laws…

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April 26, 2013 by mjpospis

Sexual Harassment Lawsuit Based On “Boys’ Club” Atmosphere Proceeds To Trial

Mihalik v. Credit Agricole Cheuvreux N. Am., Inc., decided by the Second Circuit today, again illustrates the breadth of the New York City Human Rights Law’s protections against employment discrimination and retaliation. The Second Circuit vacated the lower court’s decision granting summary judgment to defendant and remanded the case for trial. Plaintiff alleged that her supervisor [CEO…

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April 25, 2013 by mjpospis

SCOTUS Hears Oral Argument On Title VII Retaliation Issue

Yesterday the U.S. Supreme Court heard oral argument in the case of University of Texas Southwestern Medical Center v. Nassar. The transcript is below. I had previously written about the Supreme Court’s decision to hear the case (including the issues to be discussed) here. The issue is whether a plaintiff seeking to prove retaliation under Title…

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April 23, 2013 by mjpospis

When A Work Environment That Seems Hostile Isn’t A “Hostile Work Environment”

In a recent case, Shavuo v. Shinseki, the Southern District of New York highlighted the often-misunderstood difference between a work environment that may seem “hostile” and a “hostile work environment” (as that term is used in employment discrimination law). The court stated: With respect to Shavuo’s repeated references to a “hostile work environment,” we again…

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April 18, 2013 by mjpospis

SCOTUS: Alien Tort Statute Does Not Reach Foreign Acts

Yesterday the Supreme Court decided Kiobel v. Royal Dutch Petroleum Co., which significantly limits the reach of the Alien Tort Statute, codified at 28 U. S. C. §1350. That statute provides: The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of…

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April 18, 2013 by mjpospis

Huffington Post Interview On Sexual Harassment

Below is the text (with some portions edited out due to spatial concerns) of the interview between me and Huffington Post blogger Jincey Lumpkin, a fellow lawyer and Vanderbilt graduate. The full interview can be accessed here. Disclaimer: Nothing below should be considered legal advice and as such should not be relied upon. Furthermore, this may…

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