Pleading

by

Pospis Law PLLC logo Pospis Law PLLC logo

The recent Southern District of New York case of Amar v. New York City Health and Hospitals Corp., 14-cv-2503 (SDNY June 15, 2015) is instructive on pleading a hostile work environment claim under Title VII of the Civil Rights Act of 1964. In Amar, Judge Ramos held that the plaintiff, an African American woman employed by defendant as…

Read More Asserted Racial Epithets and Physical Threats Plausibly Allege Racially Hostile Work Environment
Share This:
by

Galvanized conduit coupling with set screws Galvanized conduit coupling with set screws

In Rock v. Blaine, 2015 WL 3795886 (NDNY June 17, 2015), the court denied defendant State of New York’s motion to dismiss plaintiff’s retaliation claim against it. Plaintiff, a corrections officer, sued the State of New York and three individuals under Title VII of the Civil Rights Act of 1964, alleging retaliation for making a…

Read More Female Corrections Officer Sufficiently Alleges Retaliation Against the State of New York
Share This:
by

Tree roots lifting cracked residential sidewalk Tree roots lifting cracked residential sidewalk

In Catapano-Fox v. City of New York, No. 14 CIV. 8036 KPF, 2015 WL 3630725 (S.D.N.Y. June 11, 2015), the Southern District of New York denied defendants’ motion to dismiss plaintiff’s claim that she was fired in retaliation for complaining about sexual harassment. This decision provides a good overview of the legal principles governing the proper…

Read More Retaliation Claim, Based on Termination in Response to Sexual Harassment Complaints, May Proceed
Share This:
by

Aluminum A-frame step ladder Aluminum A-frame step ladder

The Southern District of New York recently denied defendants’ motion to dismiss plaintiff’s complaint alleging sexual harassment, hostile work environment, and retaliation against Urban Outfitters. In Swiderski v. Urban Outfitters, 14-cv-6307, 2015 WL 3513088 (SDNY June 4, 2015), the court held that the plaintiff pleaded an actionable hostile work environment claim based on the conduct…

Read More Sexual Harassment/Hostile Work Environment Lawsuit (Based in Part on Customer Conduct) Against Urban Outfitters Continues
Share This:
by

Brindle English bulldog standing on grass Brindle English bulldog standing on grass

In the disturbing case of Lent v. CCNH, Inc. d/b/a Cortland Care Center, 2015 WL 3463433 (NDNY June 1, 2015), the court held that plaintiff sufficiently alleged (hostile work environment) sexual harassment under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Plaintiff alleged that her co-worker “cornered…

Read More Allegations of Rape by Co-Worker Sufficiently Allege Hostile Work Environment Sexual Harassment
Share This:
by

Snow-covered stairs at 8 Street subway entrance Snow-covered stairs at 8 Street subway entrance

A recent decision, DeLaurencio v. Brooklyn Children’s Center, Superintendent (EDNY May 29, 2015), reiterates that Title VII is not a “general civility code” and that “[w]ork environments that are hostile for non-discriminatory reasons do not fall within the ambit of Title VII.” In this case, the court held that none of the allegations in plaintiff’s…

Read More Employment Discrimination / Hostile Work Environment Allegations Amounting to Rude Conduct Unmotivated by Discriminatory Animus Fail to State a Claim
Share This:
by

Snowy entrance to 8th Street subway station Snowy entrance to 8th Street subway station

A recent decision, Moultrie v. NYS Dep’t of Corr. & Cmty. Supervision, No. 13-CV-5138 NSR, 2015 WL 2151827 (S.D.N.Y. May 7, 2015), elaborates on how to prove employment discrimination with so-called “comparator” evidence. In this case, plaintiff, a Corrections Officer trainee at Sing Sing prison, was fired for, among other things, bringing a SIM card…

Read More Gender Discrimination Complaint Dismissed; Alleged Male Comparators Engaged in Less Serious Conduct
Share This:
by

Smiling man in suit and red striped tie Smiling man in suit and red striped tie

In Cooney v. City of New York Dept. of Sanitation, 2015 NY Slip Op 03465 (App. Div. 1st Dept. Apr. 28, 2015), the Appellate Division, First Department reversed a lower court decision to dismiss plaintiff’s failure-to-hire disability discrimination claims for failure to state causes of action under the New York State and New York City Human…

Read More Psoriasis-Suffering Plaintiff Suffiiently Pleads Disability Discrimination
Share This:
by

Green quotation marks on black background Green quotation marks on black background

In Sobhi v. Sociedad Textil Lonia Corp., No. 13 CIV. 8073 AT MHD, 2014 WL 7474338 (S.D.N.Y. Dec. 30, 2014), the U.S. District Court for the Southern District of New York held that plaintiff adequately alleged a “failure to accommodate” disability discrimination claim under the Americans with Disabilities Act (ADA). From the decision: Although Defendant…

Read More Employer’s Firing Plaintiff During Recovery Plausibly Suggests Failure to Accommodate Under the Americans with Disabilities Act
Share This:
by

Smiling man in suit with law books Smiling man in suit with law books

In a shocking development, the U.S. District Court for the District of Nebraska has issued a decision dismissing the “”lawsuit“” (one set of sarcastic quotation marks wasn’t enough, so I used two) filed last week by plaintiff Sylvia Ann Driskell against “Homosexuals”. (In her complaint, Ms. Driskell identifies herself as the “Ambassador” for God and Jesus…

Read More Court Dismisses Nebraska Woman’s Lawsuit Against Homosexuals
Share This:
© 2026 Pospis Law, PLLC. All Rights Reserved.