Judge Vilardo – Pospis Law, PLLC

August 30, 2016 by mjpospis

Crass Text Messages to Co-Worker, Not Discrimination, Were Reason For Termination; “Niagara”, “Chia Pet” Comments Did Not Constitute Hostile Work Environment

In Redfern-Wallace v. Buffalo News, Inc., No. 12-CV-471, 2016 WL 4361129 (W.D.N.Y. Aug. 16, 2016), the court adopted a Magistrate’s Report & Recommendation that defendants’ motions for summary judgment dismissing plaintiff’s discriminatory-discharge, hostile work environment, and retaliation claims be granted. As to plaintiff’s discriminatory-discharge claim, the court explained: Based on the undisputed facts, it is clear that…

Gender & Disability Discrimination Claims Dismissed; Denial of Training Was Not “Adverse Action” and Reduction-in-Force Termination Was Not Pretext

In Koss v. Strippit, Inc., No. 12-CV-486, 2016 WL 3963204 (W.D.N.Y. July 22, 2016), the U.S. District Court for the Western District of New York upheld the Magistrate Judge’s Report and Recommendation that defendant’s motion for summary judgment be granted and that plaintiff’s gender and disability discrimination claims be dismissed. This decision is instructive on how…