Thank you for visiting the Pospis Law Blog (the “Blog”), maintained by Pospis Law, PLLC (the “Firm”). The Blog primarily provides general information regarding legal developments in the areas of employment discrimination, sexual harassment, civil rights, and personal injury. This website’s general disclaimer (which is incorporated by reference) likewise applies to the Blog. 1. Not…
Read More Sticky: About This Blog; DisclaimerIn Epifani v. State of New Mexico et al, 2026 WL 1261122 (D.N.M. May 8, 2026), the court, inter alia, held that plaintiff sufficiently alleged a disability-based hostile work environment claim under the Americans with Disabilities Act (ADA). From the decision: Plaintiff’s complaint includes certain factual allegations that arguably pertain to her ADA hostile work…
Read More ADA Disability, But Not Title VII National Origin, Hostile Work Environment Survives DismissalIn Hernandez v. Bisbee Unified Sch. Dist. #2, et al., No. CV-25-00475-TUC-RM (BGM), 2026 WL 1256136 (D. Ariz. May 7, 2026), the court, inter alia, held that plaintiff stated a plausible national origin discrimination claim under Title VII of the Civil Rights Act of 1964. From the decision: Defendants next assert that Plaintiff’s national origin…
Read More Title VII National Origin Discrimination Claim Sufficiently AllegedIn Guardada v. Kiss Distribution Corp. et al, No. 25CV649 (EP) (JRA), 2026 WL 1078770 (D.N.J. Apr. 21, 2026), the court denied defendants’ motion to dismiss plaintiff’s retaliatory hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: The Third Circuit recognizes, as a separate cause of…
Read More Title VII Retaliatory Hostile Work Environment Claim Survives DismissalIn Kathy Breiding v. High Hopes Films, LLC et al, No. 152385/23, 2026 WL 1216946 (N.Y. App. Div. May 5, 2026), the court addressed plaintiff’s claims, under the New York State and City Human Rights Laws, arising from an actor’s objection to a scripted kiss. From the decision: In 2009 and 2015, plaintiff played the…
Read More Gender Discrimination Claims, Arising From Refusal of Scripted Kiss, Survive Summary JudgmentIn ANGELA MARIE KING, Plaintiff, v. KOCH AG & ENERGY SOLUTIONS, LLC, Defendant., No. CV 25-1017-KHV, 2026 WL 1066935 (D. Kan. Apr. 20, 2026), the court, inter alia, denied defendant’s motion for summary judgment on her hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision.…
Read More Hostile Work Environment Sexual Harassment Claims Survive Summary JudgmentIn Burgess v. Alamo Drafthouse et al, No. CV 25-02640 (AHA), 2026 WL 1070905 (D.D.C. Apr. 20, 2026), the court held that plaintiff failed to state a claim for age or race discrimination respectively under the Age Discrimination in Employment Act (ADEA) and Title VII of the Civil Rights Act of 1964. From the decision:…
Read More Age, Race Discrimination Claims Dismissed Against Alamo DrafthouseIn Claybrook v. Freightliner of Arizona, LLC et al, No. 3:25-CV-00633, 2026 WL 1195852 (M.D. Tenn. May 1, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: To succeed on a hostile…
Read More Title VII Hostile Work Environment Sexual Harassment Claim Survives Dismissal; Racial Harassment Allegations Deemed Pertinent to PervasivenessIn Terrell v. UVA Health System, No. 3:26-CV-00036, 2026 WL 1122379 (W.D. Va. Apr. 24, 2026), the court granted defendant’s motion to dismiss plaintiff’s hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). From the…
Read More Sex/Age/Disability-Based Hostile Work Environment Claims Dismissed; Criticism of Performance InsufficientIn Rivkind v. Oracle America, Inc., No. CV 25-172, 2026 WL 1082138 (E.D. Pa. Apr. 21, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Count III asserts a sex-based hostile work environment claim…
Read More Title VII Sex-Based Hostile Work Environment Claim Dismissed; Allegations of Being “Targeted” and “Belittled” InsufficientIn Slmonsen v. KSH Aviation LLC, No. 25-CV-00266 (MMG), 2026 WL 880383 (S.D.N.Y. Mar. 31, 2026), the court denied defendant’s motion to dismiss plaintiff’s claim of employment discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: To survive a motion to dismiss under Rule 12(b)(6), a complaint must plead…
Read More Title VII Discrimination, Unpaid Wage, and Breach of Contract Claims Survive Dismissal