Author: mjpospis

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In Blake Lively v. Wayfarer Studios LLC, Justin Baldoni, et al, No. 24-CV-10049, 2026 WL 905447 (S.D.N.Y. Apr. 2, 2026), the court, inter alia, held that actor Blake Lively was not protected by Title VII of the Civil Rights Act of 1964. Title VII only protects “employees,” but defines the term “employee” circularly as “an…

Read More Blake Lively Held to be an Independent Contractor; Summary Judgment Granted on Title VII Claims
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In Waiguchu v. Morgan Stanley & Co. LLC, No. 1:25-CV-7443-GHW, 2026 WL 892069 (S.D.N.Y. Apr. 1, 2026), the court, inter alia, held that plaintiff did not plausibly plead conduct constituting sexual harassment for purposes of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA). In reaching this conclusion, the court…

Read More Allegations of Differential Treatment Based on Sex Was Not “Sexual Harassment” Sufficient to Trigger the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
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In Meyvi Concepcion Rivas Orantes v. D & J Export Inc. et al, No. 24-CV-08423-LDH-RML, 2026 WL 885231 (E.D.N.Y. Mar. 31, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of quid pro quo sexual harassment asserted under Title VII of the Civil Rights Act of 1964 and the New York State…

Read More Quid Pro Quo Sexual Harassment Claims Dismissed; No “Link” Between Rejection of Sexual Advance and Termination
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In Dominguez et al v. Mega Mart LLC d/b/a Chestnut Supermarket et al, No. 23-CV-1372 (EK)(PCG), 2026 WL 865824 (E.D.N.Y. Mar. 30, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiffs’ claim of a race-based hostile work environment claim asserted under 42 U.S.C. § 1981. From the decision: To plead a hostile work…

Read More Race/Hispanic-Based Hostile Work Environment Claim Sufficiently Alleged Under Section 1981
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In Al-Rahman v. American Sugar Refining, Inc. et al, No. 23-CV-06589 (LAP), 2026 WL 848518 (S.D.N.Y. Mar. 26, 2026), the court considered whether and to what extent a settlement agreement (here, resolving employment discrimination claims) affects future claims. In sum, plaintiff alleged at the EEOC and in a lawsuit that defendants engaged in a pattern…

Read More Broad Settlement Agreement Resolving Discrimination Claims Prevented Use of Pre-Agreement Acts to Support Additional Claims, Court Holds
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In Breitling v. Amazon Web Services & Randy Bradley, No. 24-CV-4704, 2026 WL 810284 (S.D.N.Y. Mar. 23, 2026), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of national origin (Chilean) discrimination under the New York State and City Human Rights Laws. From the decision: Breitling has satisfied the first three…

Read More National Origin Discrimination Claims Survive Summary Judgment; Evidence Include Comments About Plaintiff’s Accent and Being “Argumentative” Due to Culture
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In Fagan v. Mount Vernon City School District et al, 7:25-cv-00927-VR, 2026 WL 851376 (SDNY March 27, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race/national origin claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: “In this Circuit, the sine qua non of a national…

Read More Title VII Race, National Origin Discrimination Claims Survive Dismissal; Transfer & Termination Occurred in the Context of a “Mosaic of Intentional Discrimination”
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In Matter of Donyale Bell v. William Long, No. 147, 2026 WL 849778 (N.Y. App. Div. Mar. 27, 2026), the court, inter alia, held that the dismissal of the petitioner’s sexual harassment claims was warranted. From the decision: Contrary to petitioner’s contention, we conclude that the determination to dismiss her claim of quid pro quo…

Read More Sexual Harassment Claims Properly Dismissed; Court Defers to Finding That Relationship Was Consensual
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Receiving a Performance Improvement Plan (PIP) can be a jarring and unsettling experience. It often feels like a pre-cursor to termination, leaving you feeling undervalued, stressed, and uncertain about your future at the company. In New York City, a fast-paced and competitive job market, PIPs can be particularly daunting. This blog post aims to provide…

Read More Navigating Your Performance Improvement Plan (PIP): A NYC Employment Lawyer’s Guide
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In Francesco Roberto Sebastiani v. Brooklyn Hospital Center et al, No. 19-CV-253 (EK)(ST), 2026 WL 820695 (E.D.N.Y. Mar. 25, 2026), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment claim. In sum, plaintiff alleges that his ex-girlfriend sexually harassed him both during and outside of working hours. In…

Read More Sex-Based Hostile Work Environment Claims Survive Summary Judgment
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