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Thank you for visiting the Pospis Law Blog (the “Blog”), maintained by Pospis Law, PLLC (the “Firm”). It is not legal advice, and accessing or reading it does not create an attorney-client relationship between you and the firm. The Blog primarily provides general information regarding developments in the law of New York in our primary…

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In Lester v. Mount Pleasant Cottage School Union Free School District, 2020 WL 3618969 (SDNY July 2, 2020) (J. Karas), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s failure-to-accommodate-disability claim asserted under the Americans with Disabilities Act. Applying the law to the facts, the court explained: Plaintiff alleges that he qualified as disabled…

Read More ADA Failure to Accommodate Claim Survives Dismissal

In┬áMouscardy v Consolidated Edison Company of New York, No. 2018-14239, 4431/08, 2020 N.Y. Slip Op. 03656, 2020 WL 3551808 (N.Y.A.D. 2 Dept., July 01, 2020), the court, inter alia, held that an arbitrator’s determination that the employer had reasonable cause to terminate plaintiff’s employment did not collaterally estop plaintiff from proceeding with his claim of…

Read More NYC Human Rights Law Discrimination Claim Survives, Notwithstanding Union Arbitrator’s Finding of Reasonable Cause to Terminate Employment

In Jarusauskaite v. Almod Diamonds, Ltd., No. 154732/2019, 2020 WL 3618936 (N.Y. Sup Ct, New York County June 26, 2020), the court, inter alia, dismissed plaintiff’s gender-based hostile work environment claim against the entity defendant’s Board of Directors, based on the alleged harassment by an individual. From the decision: To sustain a hostile work environment…

Read More Gender-Based Hostile Work Environment Claim Dismissed Against Board of Directors

Citing a recent amendment to New York’s “whistleblower law”, Labor Law 740, the court in Zhou v. Roswell Park Cancer Institute Corp. et al, 2020 WL 3574631 (W.D.N.Y. July 1, 2020), rejected defendants’ argument that plaintiff’s discriminatory termination claims were “waived” by assertion of a claim under that statute. From the decision: The Court recommends…

Read More Court Rejects Argument That Assertion of State Law Whistleblower Claim Waives Discriminatory Termination Claims

In Smith v. Global Contact Holding Co., No. 156087/2019, 2020 WL 3485542 (N.Y. Sup Ct, New York County June 26, 2020), the court, inter alia, held that plaintiff sufficiently alleged retaliation claims under the New York State and City Human Rights Laws. The court explained the legal standard as follows: To make out a prima…

Read More Retaliation Claims Sufficiently Alleged Under the NYS and NYC Human Rights Laws

In Smith v. Global Contact Holding Co., No. 156087/2019, 2020 WL 3485542 (N.Y. Sup Ct, New York County June 26, 2020), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment based on his “gender identify” under the New York State Human Rights Law. The court summarized the law as follows: Under…

Read More “Gender Identity”-Based Hostile Work Environment Claim Survives Dismissal Motion

In Smith v. Global Contact Holding Co., No. 156087/2019, 2020 WL 3485542 (N.Y. Sup Ct, New York County June 26, 2020), the court, inter alia, held that plaintiff sufficiently alleged discrimination based on his “gender identify” under the New York State and City Human Rights Laws. From the decision: Here, plaintiff has alleged that he…

Read More “Gender Identity” Discrimination Claim Survives Dismissal Under the NYS and NYC Human Rights Laws

In Tirschwell v. TCW Group Inc., No. 150777/2018, 2020 WL 3104364, 2020 N.Y. Slip Op. 31816(U) (N.Y. Sup Ct, New York County June 11, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s gender discrimination / sexual harassment claim under the New York City Human Rights Law. From the decision: [P]laintiff…

Read More Sexual Harassment Claim May Proceed to Jury; Alleged Harasser’s Denial of Sexual Conduct Presented Fact Issue

In Calvelos v. City of New York et al, 2020 WL 3414886 (S.D.N.Y. June 22, 2020), the court, inter alia, held that plaintiff stated a race-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff alleges that, during his first eight months at West Facility, Warden…

Read More Title VII Race-Based Hostile Work Environment Claim Sufficiently Alleged Against City of New York