Judge: Dora L. Irizarry – Pospis Law, PLLC

September 18, 2021 by mjpospis

Hearing Disability Hostile Work Environment Claim Dismissed Against NYC Transit Authority

In Hawkins-El v. NYC Transit Authority, 18-cv-07167, 2021 WL 4222400 (EDNY Sept. 16, 2021), the court, inter alia, dismissed plaintiff’s disability-based hostile work environment claim (asserted under the Americans with Disabilities Act) against the New York City Transit Authority. Plaintiff identified twelve incidents that he alleged created a hostile work environment, including plaintiff’s superintendent (Micelotta)…

Hostile Work Environment Claim Dismissed; Discrimination Based on “Educational Background” Not Actionable Under Title VII

In Henry v. McDonald, 2021 WL 1309729 (E.D.N.Y. March 31 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has failed to present evidence that Defendant discriminated against him based on any protected characteristic to support his hostile…

Transgender Discrimination Case Continues Against Brooklyn Transportation Corp.

In Blair v. Brooklyn Transportation Corp., 17-cv-383, 2018 WL 1581974 (E.D.N.Y. March 30, 2018), the court (inter alia) denied defendant’s motion to dismiss plaintiff’s gender discrimination claim. From the decision: Plaintiff’s allegations are sufficient for the Court to infer that Defendant discriminated against Plaintiff. Defendant was aware of Plaintiff’s transgender status because, when Plaintiff began…