Judge Thomas J. McAvoy – Pospis Law, PLLC

April 20, 2017 by mjpospis

Court Dismisses Gay Plaintiff’s Title VII Discrimination Complaint; Gender Stereotyping Claim Not Plausibly Alleged

In Garvey v. Childtime Learning Ctr., No. 5:16-CV-1073, 2017 WL 1378179 (N.D.N.Y. Apr. 13, 2017), the Judge McAvoy adopted Magistrate Judge Baxter’s Report and Recommendation that plaintiff’s discrimination claim under Title VII of the Civil Rights Act of 1964 – based on the failure to hire him due to his perceived sexual orientation – be…

Inappropriate Emails and Sexual Comments Plausibly Support Sexual Harassment Hostile Work Environment Claim

In Heiser v. Collorafi et al. (NDNY March 9, 2015), the U.S. District Court for the Northern District of New York held that plaintiff, a former employee of the New York State Division of Homeland Security and Emergency Services, sufficiently alleged hostile work environment sexual harassment under Title VII of the Civil Rights Act of…