Author: mjpospis

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In Gabin v Greenwich House, No. 155015/21, 16651, 2022-00210, 2022 N.Y. Slip Op. 06428, 2022 WL 16935706 (N.Y.A.D. 1 Dept., Nov. 15, 2022), the court reversed a lower court decision dismissing plaintiff’s age discrimination claims under the New York State and City Human Rights Laws. The court explained that plaintiff’s claim was timely, in light…

Read More Age Discrimination Claims’ Timeliness Dismissal Reversed; Tolls Applied
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In Klymn v. Monroe County Supreme Court et al, 2022 WL 16950048 (W.D.N.Y. Nov. 15, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted against a former New York State Supreme Court Judge. As to the sufficiency of the allegations, the court explained: Lastly, having…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal Against Former Judge; Acts Dating Back to 2005 May be Considered
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In Hribovsek v. United Cerebral Palsy of New York City, No. 152849/2017, 2022 WL 16924073 (N.Y. Sup Ct, New York County Nov. 14, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of race and national origin discrimination, as well as her claims of hostile work environment, under the New…

Read More Discrimination Claims, Based in Part on Mocking of Slovenian Accent, Survive Summary Judgment
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In Matewos v. National Beverage Corporation, 2022 WL 13763262 (Wash.App. Div. 1 Oct. 24, 2022), the court, inter alia, reversed the lower court’s summary judgment dismissal of plaintiff’s claim of a race-based hostile work environment under the Washington Law Against Discrimination. From the decision: Shasta argues Cannady and Roberts failed to raise a genuine issue…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Racist Graffiti
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In Abubakar v. Walmart, Inc., Case No. 21-cv-06248, 2022 WL 14632902 (N.D.Ill. Oct. 25, 2022), the court granted defendant’s motion to dismiss plaintiff’s claims of discrimination based on color, age, national origin, religion, and race. From the decision: Walmart contends that Abubakar failed to state facially plausible claims for discrimination based on color, age, national…

Read More Discrimination Claims Dismissed Against Walmart; Alleged Translation Requests Etc. Deemed Insufficient
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In Taylor v. Kaiser Foundation Health Plan of Colorado, No. 21-cv-00012-NYW-NRN, 2022 WL 16855697 (D.Colo. Nov. 10, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of a race-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: The Court finds that…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment, Notwithstanding Lack of “Overt” Racial Statements or Slurs
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In Estevez v. Berkeley College et al, 2022 WL 16843460 (2d Cir. Nov. 10, 2022), the court, inter alia, affirmed the dismissal of plaintiff’s sex-based hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the decision: With respect to the Employees’…

Read More 2nd Circuit Affirms Dismissal of Hostile Work Environment Claims Against Berkeley College
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In a recent case, Martino v. Chenel Capital, LLC et al, No. 154267/2022, 2022 WL 16743358 (N.Y. Sup Ct, New York County Nov. 02, 2022), the court granted plaintiff’s motion for a default judgment against defendants. This decision provides some insight into the nuts-and-bolts of obtaining a default judgment, following the defendants’ failure to answer…

Read More Sexual Harassment Default Judgment Issued; Liability and Damages to be Determined at Inquest
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In Conahan v. Medquest Ltd., et al, 20-cv-1325 (LJL), 2022 WL 16748585 (S.D.N.Y. Nov. 7, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of age discrimination asserted under the New York State and City Human Rights Laws. From the decision: The Second Circuit has stated that stray-age related remarks…

Read More Age Discrimination Claim, Based on Pre-Termination Age-Related Remarks, Survives Summary Judgment
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In Grant v. Baltimore City Police Department, Civil Action No. RDB-21-2173, 2022 WL 16746703 (D.Md. Nov. 7, 2022), the court, inter alia, held that plaintiff sufficiently alleged retaliation under Title VII of the Civil Rights Act of 1964. From the decision: A plaintiff alleging unlawful retaliation must show that there exists a “but-for” connection between…

Read More Retaliation Claim, Arising From Alleged Transfer Denial Following Complaint of Racial Slur, Sufficiently Alleged
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