“Supervisor” Status – Pospis Law, PLLC

December 3, 2025 by mjpospis

Title VII Sex-Based Hostile Work Environment Claim Sufficiently Alleged; Status of Key Actor to be Clarified in Amended Complaint

In Ghiorse v. John H. Cook, Jr. Painting Contractor, Inc. et al, No. 3:25-CV-1578 (BKS/MJK), 2025 WL 3465995 (N.D.N.Y. Dec. 2, 2025), the court, inter alia, recommended the the district court allow plaintiff’s hostile work environment claim under Title VII o the Civil Rights Act of 1964 to proceed against the entity defendant – but…

Sexual Harassment Claim, Based on Conduct by Non-Supervisor, Dismissed; Employer Not Shown to be Negligent in Controlling Working Conditions

In Matsko v. New York, 2022 WL 137724 (N.D.N.Y. Jan. 14, 2022), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s claim of sexual harassment under Title VII of the Civil Rights Act of 1964. Here, the sexual harassment was alleged to have been committed by a non-supervisor; accordingly, the alleged wrongful…

Hostile Work Environment Claim Stated; Court Addresses Novel Issue Regarding “Supervisor” Status

In Dikambi v. City University of New York, Dr. Carlton J. Adams, 19-CV-9937, 2021 WL 5518187 (S.D.N.Y. Nov. 24, 2021), plaintiff asserted claims of gender discrimination, sexual harassment, and retaliation in violation of Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and state law. The court…