Pleading

by

Smiling professional with bow tie in office Smiling professional with bow tie in office

In  Casarella v. New York State Department of Transportation, 2018 WL 4372674 (S.D.N.Y. Sept. 13, 2018), the court, inter alia, held that plaintiff plausibly alleged a hostile work environment claim under Title VII of the Civil Rights Act of 1964. “To establish a hostile work environment claim, a plaintiff must produce enough evidence to show…

Read More Hostile Work Environment Claim Survives Dismissal; Anti-Italian Slurs Were “Pervasive”
Share This:
by

Post thumbnail

In Calise v. New York State Department of Motor Vehicles, 17-cv-791, 2018 WL 4350247 (S.D.N.Y. Sept. 12, 2018), plaintiff, a white woman, asserted claims of race discrimination – based on alleged mistreatment by her boss, who is black – under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, 42 U.S.C.…

Read More Title VII Race Discrimination Claim Survives Against NYS Dept. of Motor Vehicles
Share This:
by

Close-up of White House on U.S. currency Close-up of White House on U.S. currency

In a recently-filed motion, defendants Charlie Rose Inc. and Charles P. Rose move to dismiss claims against them in a lawsuit – captioned Harris et al v. CBS News Communications Inc. et al, N.Y. Sup. Ct. N.Y. Cty. INdex 154172/2018 – alleging gender discrimination, sexual harassment, and retaliation under the NYC Human Rights Law. (CBS…

Read More Charlie Rose, CBS Move to Dismiss Sexual Harassment Suit
Share This:
by

Sign on bar door refusing service to anyone Sign on bar door refusing service to anyone

In Rice v. Smithtown Volkswagen, 2018 WL 3848923 (E.D.N.Y. Aug. 13, 2018), the court held that plaintiff sufficiently pleaded claims for “quid pro quo” sexual harassment, hostile work environment sexual harassment, and retaliation under Title VII of the Civil Rights Act of 1964. (In this post I will discuss the court’s assessment of plaintiff’s “hostile work…

Read More Hostile Work Environment Claim Stated Against Smithtown Volkswagen
Share This:
by

Person in suit and tie in law library Person in suit and tie in law library

In Rice v. Smithtown Volkswagen, 2018 WL 3848923 (E.D.N.Y. Aug. 13, 2018), the court held that plaintiff sufficiently pleaded claims for “quid pro quo” sexual harassment, hostile work environment sexual harassment, and retaliation under Title VII of the Civil Rights Act of 1964. (In this post I will discuss the court’s assessment of plaintiff’s “quid pro…

Read More Quid Pro Quo Sexual Harassment Claim Stated Against Smithtown Volkswagen
Share This:
by

Pospis Law PLLC logo with New York address Pospis Law PLLC logo with New York address

In a recent decision, Wolfinger v. Consolidated Edison Company of New York, Inc., 17-cv-1710, 2018 WL 3637964 (E.D.N.Y. July 31, 2018), the court, inter alia, explained and clarified what, exactly, a plaintiff must allege to sufficiently plead a failure-to-accommodate claim under the Americans with Disabilities Act. The court explained: A plaintiff bringing a failure-to-accommodate claim…

Read More Court Clarifies “Failure to Accommodate Disability” Employment Discrimination Claim: Wolfinger v. ConEd
Share This:
by

Manhattan skyline at sunset with Empire State Manhattan skyline at sunset with Empire State

In Wheeler v. The Bank of New York Mellon, 2018 WL 3730862 (N.D.N.Y. August 6, 2018), the court held, inter alia, that plaintiff – a Mexican woman – plausibly asserted a failure-to-promote employment discrimination claim. In reaching this conclusion, the court pointed to plaintiff allegation that the less-qualified American woman was given the position instead.…

Read More Failure-to-Promote Claim Survives Dismissal Against BNY Mellon
Share This:
by

Man in bow tie on courthouse steps Man in bow tie on courthouse steps

In Spano v. New Team LLC, No. 153586/16, 2018 WL 3646977, 2018 N.Y. Slip Op. 31829(U) (Sup Ct, New York County Aug. 01, 2018), plaintiff alleged that defendants failed to hire and promote her because she was not a first-generation Italian, and that defendants improperly terminated her after she complained of discriminatory conduct. The court, inter…

Read More Citing Preference for “First Generation Italian”, Court Denies Motion to Dismiss Employment Discrimination Claim
Share This:
by

Pospis Law PLLC green monogram logo Pospis Law PLLC green monogram logo

In Mohan v. City of New York et al, 17-cv-3820, 2018 WL 3711821 (SDNY Aug. 3, 2018), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim. The court began by reciting the well-established “black letter” law applicable to hostile work environment claims: A hostile work environment claim is composed of a series of separate acts…

Read More Hostile Work Environment Claim Dismissed; Secondhand Knowledge of “Black Guy” Comment Insufficient
Share This:
by

Pospis Law PLLC law firm logo Pospis Law PLLC law firm logo

In Thomas v. Jonathan Mintz, Commissioner New York City Department of Consumer Affairs and the City of New York, 2018 NY Slip Op 51169(U), 2018 WL 3652302 (N.Y. Sup. Ct. N.Y. Cty. Aug. 1, 2018), the court, inter alia, dismissed plaintiff’s race- and sex-based hostile work environment claims under the New York State and City Human Rights…

Read More Race, Sex-Based Hostile Work Environment Claims Dismissed; “Sporadic Hostile Behavior” Insufficient
Share This:
© 2026 Pospis Law, PLLC. All Rights Reserved.