Magistrate Judge McCarthy – Pospis Law, PLLC

August 13, 2017 by mjpospis

Court Dismisses Mexican-American Professor’s Title VII National Origin Discrimination (Failure to Promote) Claim

In Sosa v. Rockland County Community College, 2017 WL 3105872 (SDNY July 20, 2017), the court dismissed plaintiff’s national origin discrimination (failure to promote) claim. “To establish a prima facie case of race or national origin discrimination under Title VII, a plaintiff must show that: (1) [s]he belonged to a protected class; (2) [s]he was…

Title VII Gender Discrimination Claim Survives Summary Judgment; Plaintiff Presented Evidence That Female Plaintiff Was Disciplined More Harshly Than Similarly-Situated Male Workers

In Edwards v. Khalil, No. 12 CIV. 8442 (JCM), 2016 WL 1312149 (S.D.N.Y. Mar. 31, 2016), the court held (among other things) that plaintiff (a female police officer) presented enough evidence to survive summary judgment on her claims of gender discrimination under Title VII and 42 U.S.C. § 1983. From the decision: On the basis…

Investigative Documents in Sexual Harassment Case Were Protected as Work Product

The Southern District of New York’s recent decision in Robinson v. Vineyard Vines, LLC, No. 15CIV4972VBJCM, 2016 WL 845283 (S.D.N.Y. Mar. 4, 2016) provides an example of how the work product doctrine operates in the context of an employment discrimination/sexual harassment case. In this case, plaintiff alleged that another employee “repeatedly sexually harassed her and…