November 2025

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In Einkorn v. UMortgage, No. CV 25-2546, 2025 WL 3023412 (E.D. Pa. Oct. 29, 2025), the court held that plaintiff did not allege a “sexual harassment dispute” within the meaning of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, 9 U.S.C. §§ 401-402 (EFAA), such that the arbitration agreement she signed precluded…

Read More Non-Sexual Conduct Was Not “Sexual Harassment”; Arbitration Agreement Enforced
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In Dranitca v. Allied Universal Sec. Services LLC, No. 150492/2025, 2025 WL 2814548 (N.Y. Sup. Ct. Sep. 26, 2025), an employment discrimination case, the court discussed and applied New York Civil Practice Law and Rules 205, which governs the timeframe in which to recommence an action in one forum after being dismissed in another. Here,…

Read More Hostile Work Environment, Retaliation, Sex Discrimination Claims Not Timely Recommenced in State Court Following Federal Court Dismissal
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In Lia-Basile v. the County of Albany et al, No. 1:25-CV-0291 (GTS/MJK), 2025 WL 3019150 (N.D.N.Y. Oct. 29, 2025), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s claims of sex/gender discrimination asserted under Title VII of the Civil Rights Act of 1964, on the ground that she failed to exhaust her administrative remedies…

Read More Title VII Sex/Gender Discrimination Claims Dismissed For Failure to Exhaust Administrative Remedies at the EEOC
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In Wheat v. Vichie, No. 158627/2024, 2025 WL 3089438 (N.Y. Sup. Ct. Nov. 03, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of discrimination asserted under the New York State and City Human Rights Laws. From the decision: The only allegations Plaintiff makes that would go towards a discrimination claim based…

Read More Display of Nazi Material Insufficient to State Discrimination Claims, Court Holds
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In Scivetti v. Compass Inc. et al, No. 24-CV-3868 (DEH), 2025 WL 3097331 (S.D.N.Y. Nov. 6, 2025), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s retaliation claim, on the ground that while plaintiff engaged in “protected activity,” she did not allege that defendants knew of her complaints. From the decision: Scivetti’s claims for…

Read More Title VII Retaliation Claim Dismissed; Knowledge of Sexual Harassment Complaints Lacking
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In Malkoukian v. Nest Seekers Intern., No. 152981/2023, 2025 WL 3080065 (N.Y. Sup. Ct. Oct. 31, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims under the New York State and City Human Rights Laws. From the decision: Retaliation claims under the City and State Human Rights Laws2 are reviewed under…

Read More Retaliation Claims Sufficiently Alleged; Commission Deprivation Followed Informing CEO of Hostile Work Environment
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In Anandaraja v. Icahn Sch. of Med. at Mount Sinai, No. 159045/22, 2025 WL 3028707 (N.Y. App. Div. 1 Dept. Oct. 30, 2025), the court ruled on a motion for a protective order under CPLR 3103(a) – specifically as to whether particular questions could be asked during depositions. From the decision: Supreme Court should have…

Read More Court Precludes Deposition Questions as to Dismissed Discrimination Claims
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In Nambiar v. Cent. Orthopedic Grp., LLP, No. 24-1103, 2025 WL 3007285 (2d Cir. Oct. 28, 2025), the U.S. Court of Appeals for the Second Circuit – applying the “stray remarks” doctrine – affirmed the lower court’s award of summary judgment dismissing plaintiff’s claim of sex-based discrimination. From the decision: Nambiar points to remarks made…

Read More Sex Discrimination Claims Properly Dismissed; Alleged Discriminatory Comments Were “Stray Remarks”
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In Dale v. Cerberus Security LLC, No. 1:25-CV-917, 2025 WL 3041819 (W.D. Mich. Oct. 31, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiffs’ hostile work environment claims. From the decision: Plaintiffs point to the following allegations in support of their claims. Pamela “was told by management on numerous occasions that she did…

Read More “Despicable” Racist Comments Nevertheless Insufficient to State Hostile Work Environment Claim, Court Holds
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In Wallace v. Chris Wright, Secretary of Energy, No. CV 24-2906 (SLS), 2025 WL 3042025 (D.D.C. Oct. 31, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation under the Rehabilitation Act. From the decision: To state a retaliation claim under the Rehabilitation Act, a plaintiff must allege that: “(i) she…

Read More Retaliation Claim Asserted by Department of Energy Employee Survives Dismissal
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