Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the easy-footnotes domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /var/www/wp-includes/functions.php on line 6121

Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the google-document-embedder domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /var/www/wp-includes/functions.php on line 6121

Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the ninja-tables-pro domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /var/www/wp-includes/functions.php on line 6121

Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the spam-free-wordpress domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /var/www/wp-includes/functions.php on line 6121

Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the themelia domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /var/www/wp-includes/functions.php on line 6121

Deprecated: The called constructor method for WP_Widget class in wpcs_search_Widget is deprecated since version 4.3.0! Use __construct() instead. in /var/www/wp-includes/functions.php on line 6121

Deprecated: The called constructor method for WP_Widget class in wpcs_most_view_Widget is deprecated since version 4.3.0! Use __construct() instead. in /var/www/wp-includes/functions.php on line 6121
Pleading – Page 41 – Pospis Law, PLLC
Warning: Trying to access array offset on value of type null in /var/www/wp-content/themes/themelia/inc/themelia.php on line 274

Pleading

by

In Solomon v. County of Nassau, No. 20-cv-5227, 2021 WL 5631766 (E.D.N.Y. Dec. 1, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of disability discrimination asserted under the Americans with Disabilities Act (ADA). The court summarized the black-letter law regarding discrimination based on (including failure to accommodate) one’s “disability”: Discrimination under…

Read More ADA Discrimination Claim Sufficiently Alleged; Facts Indicated “Animosity” to Accommodate Plaintiff’s Disability
Share This:
by

In Myers v. Inspector Mary Christine Doherty et al, No. 21 Civ. 219, 2021 WL 5599502 (S.D.N.Y. Nov. 30, 2021), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s complaint alleging a race-based hostile work environment under 42 U.S.C. § 1983 and the New York City Human Rights Law. The court held that plaintiff’s…

Read More Hostile Work Environment Claim Dismissed; “Hostile Looks”, “Castigation”, “Coldness” Bow Tie Remarks Held Insufficient
Share This:
by

In James v. Borough of Manhattan Community College et al, 20-cv-10565, 2021 WL 5567848 (S.D.N.Y. Nov. 29, 2021), the court, inter alia, dismissed plaintiff’s claims of a race- and age-based hostile work environment. This case aptly illustrates that a “work environment” that might be “hostile” in the ordinary sense is not necessarily a “hostile work…

Read More Hostile Work Environment Claim Dismissed; “Climate of Fear” Allegation Insufficient
Share This:
by

In Sanchez v. Chevron North America Exploration and Production Co., 2021 WL 5513509 (5th Cir. Nov. 24, 2021), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. After summarizing the “black letter” law, the court applied…

Read More Hostile Work Environment, Based on Race and National Origin, Sufficiently Alleged
Share This:
by

In Equal Employment Opportunity Commission v. Al Meghani Enterprise, Inc. d/b/a/ The Wireless Solutions, SA-21-CV-00760-JKP, 2021 WL 5450147 (W.D.Tex. Nov. 19, 2021), the court, inter alia, held that plaintiff sufficiently alleged “quid pro quo” sexual harassment under Title VII of the Civil Rights Act of 1964. From the decision: With regard to the quid pro…

Read More Quid Pro Quo Sexual Harassment Claim Sufficiently Alleged; Termination Followed Rejection of Sexual Advances
Share This:
by

In Lum v. Consol. Edison, No. 160027/2020, 2021 WL 5331547 (N.Y. Sup Ct, New York County Nov. 16, 2021), the court, inter alia, dismissed plaintiff’s national origin discrimination claim asserted under the New York State and City Human Rights Laws. Plaintiff alleged, among other things, that plaintiff’s co-worker made derogatory comments to him (e.g., “open…

Read More National Origin (Chinese) Discrimination Claim Dismissed Against Con Edison
Share This:
by

In Ulffe v. City of New York, No. 158073/2020, 2021 WL 5312177 (N.Y. Sup Ct, N.Y. Cty., Nov. 02, 2021), the court ruled on plaintiff’s motion to amend his complaint regarding several claims of unlawful discrimination. While the court held that plaintiff’s proposed amended complaint failed to state a claim as to various claims (and…

Read More “Too Old to Teach”: Proposed Age Discrimination Claim Sufficiently Alleged; Motion to Amend Complaint Granted
Share This:
by

In Martinez v. City of Union City, Union City Police Department et al, Civ. No. 21-11111, 2021 WL 5195708 (D.N.J. Nov. 8, 2021), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim for sex discrimination under Title VII of the Civil Rights Act of 1964. (The court did, however, find that plaintiff sufficiently…

Read More Sex Discrimination Claim Dismissed; No “Adverse Action” Alleged
Share This:
by

In Martinez v. City of Union City, Union City Police Department et al, Civ. No. 21-11111, 2021 WL 5195708 (D.N.J. Nov. 8, 2021), the court, inter alia, held that plaintiff sufficiently alleged “hostile work environment” sexual harassment under Title VII of the Civil Rights Act of 1964. The court outlined the legal requirements for this…

Read More Sexual Harassment Hostile Work Environment Claim Plausibly Alleged; Evidence Included “Malicious Rumors”
Share This:
by

In Wilson v. JPMorgan Chase Bank, N.A., et al, 20-cv-4558, 2021 WL 5179914 (S.D.N.Y. Nov. 8, 2021), the court, inter alia, held that plaintiff sufficiently (i.e., plausibly) alleged a race-based hostile work environment under the New York State and City Human Rights Laws. Beginning with the City Law, the court explained: [Plaintiff’s Second Amended Complaint]…

Read More Race-Based Hostile Work Environment Sufficiently Alleged Against JPMorgan Chase Bank Under the NYS and NYC Human Rights Law
Share This: