Today is Martin Luther King Jr. Day, a federal holiday that marks the birthday of the civil rights leader, who was assassinated on April 4, 1968. Dr. King was present when President Johnson signed into law the Civil Rights Act of 1964, a federal law that prohibits discrimination in (e.g.) employment (Title VII) and public…
Read More Celebrating Martin Luther King Jr.As 2016 draws to a close, I’d like to take a brief moment to reflect on the past year. Cases We have continued to fight on behalf of our clients in employment discrimination, sexual harassment, and personal injury matters. Cases we have handled this year include: Sexual harassment ($500,000 settlement) Disability discrimination and retaliation ($30,000…
Read More Pospis Law Year in Review: 2016On March 28, 2016, Mayor de Blasio signed into law several bills (including Intros 805-A, 814-A, 818-A, and 819) amending the New York City Human Rights Law. These new laws, among other things, enhance the rights of New Yorkers to be free from discrimination in the areas of public accommodations and employment. During a public…
Read More Mayor de Blasio Signs Legislation Amending the New York City Human Rights LawIn Matter of Gifford v Mccarthy, 2016 NY Slip Op 00230 (App. Div. 3d Dept. Jan. 14, 2016), the Appellate Division, Third Department held that the NYS Division of Human Rights properly found an upstate farm guilty of an unlawful discriminatory practice based on sexual orientation. This decision provides useful guidance on, among other things, what…
Read More Court Upholds NYSDHR Determination That Liberty Ridge Farm Engaged in Public Accommodation Discrimination on the Basis of Sexual Orientation by Refusing to Host Same-Sex Wedding Ceremony and ReceptionIn a recent lawsuit captioned Ikezi v. Cipriani Club 55 LLC et al, 15-cv-06145 (SDNY filed 8/5/15), plaintiff Henry Ikezi accuses the Cipriani Club and others of discriminating against him on account of his race. Plaintiff alleges, among other things, that On or about April 2015, when Cipriani Club advised the Plaintiff that Cipriani Club…
Read More Public Accommodation Race Discrimination Lawsuit Against Cipriani ClubThe Americans with Disabilities Act was signed into law on July 26, 1990. The ADA offers protections against disability discrimination in, for example, the workplace (Title I, V) and places of public accommodation (Title III). Title I of the ADA provides the following general rule: No covered entity shall discriminate against a qualified individual on the…
Read More Americans With Disabilities Act: 25 Years LaterHere’s the recent Order dismissing the lawsuit filed by pro se plaintiff Anton Purisima seeking two undecillion dollars – that’s a 2 followed by 36 zeroes – arising (in part) from plaintiff being bitten by a rabid dog bite on a city bus and being overcharged by Au Bon Pain. Mr. Purisima sought relief under Title II of the Civil Rights Act…
Read More Court Dismisses Two Undecillion Dollar Public Accommodation Discrimination LawsuitIn Waters v. Town Sports Intl. Holdings, Inc., a Manhattan trial court held that plaintiff sufficiently alleged various claims arising from an incident in which he was essentially terrorized – he claims based on his sexual orientation – while patronizing a New York Sports Club. The facts, in part: On December 30, 2013, plaintiff, a…
Read More Gay Man States Public Accommodation (Sexual Orientation) Discrimination and Other Claims Against New York Sports ClubLast week (July 2nd) marked the 50th anniversary of the enactment of the Civil Rights Act of 1964. Title VII of the Act, beginning at section 2000e of Title 42 of the U.S. Code, provides, in part, that It shall be an unlawful employment practice for an employer – (1) to fail or refuse to hire…
Read More The Civil Rights Act of 1964 Turns 50In Martin v. J.C. Penney, decided by the Eastern District of New York on June 10, 2014, Judge Weinstein denied defendants’ motion for summary judgment on plaintiff’s claims under 42 USC 1981 and the New York State and City Human Rights Laws. Plaintiffs, “dark-skinned females who dress in stereotypically male attire”, sued after being detained for…
Read More Alleged Shoplifters’ Race and “Perceived Sex” Discrimination Claims Continue Against J.C. Penney