January 2026

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In Cliff v. FreedomRoads, LLC, No. 3:25-CV-00296-CSD, 2026 WL 125625 (D. Nev. Jan. 16, 2026), the court denied defendant’s motion to compel arbitration under the Ending Forced Arbitration Act (“EFAA”). The court dismissed plaintiff’s hostile work environment claim. Defendant argued that this precluded the application of the EFAA. Not so, held the court: Defendant’s argument…

Read More Motion to Compel Arbitration of Retaliation Claim, Based on Reporting of Sexual Harassment, Denied Upon Application of EFAA
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In Stashak v. Phreesia, Inc., No. 25-CV-3808 (JMF), 2026 WL 249631 (S.D.N.Y. Jan. 30, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under the Age Discrimination in Employment Act (ADEA). From the decision: To bring a hostile work environment claim under the ADEA, a plaintiff “must show…

Read More Age-Based Hostile Work Environment Claim Sufficiently Alleged; Allegations Include Age-Based Jokes and Comments
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In McGinnis v. Plamondon Enterprises, Inc. d/b/a Roy Rogers, No. 25-2138-BAH, 2026 WL 221694 (D. Md. Jan. 28, 2026), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff plainly alleges the first…

Read More Sex-Based Hostile Work Environment Claims Survive Dismissal; Allegations Included “Repeated” Restroom Entry
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In Shuby v. Yale Univ., No. 3:25-CV-645 (AWT), 2026 WL 63352 (D. Conn. Jan. 8, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s disability and age discrimination claims under the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA). As to plaintiff’s disability discrimination claims, the court explained:…

Read More Citing “Stray Remarks” Doctrine, Court Dismisses Age, Disability Discrimination Claims
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In Burgess v. MTA Const. and Development Co., No. 160414/2024, 2026 WL 195519 (N.Y. Sup. Ct. Jan. 21, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: To plead a hostile work environment marred with…

Read More Hostile Work Environment Claims Survive Dismissal; Allegations Include Questioning About Sexual Orientation, Race, and Medical Condition
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In Payne v. NYC Fire Dept., No. 150490/2024, 2026 WL 144437 (N.Y. Sup. Ct. Jan. 09, 2026), the court dismissed the petitioner’s Article 78 proceeding seeking to annul the determination of the New York City Fire Department and the City of New York to terminate his probationary employment as a firefighter. As to petitioner’s race…

Read More Probationary Firefighter’s Termination Upheld; Race Discrimination, Retaliation Claims Insufficiently Alleged
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In Santana v. Telemundo Network Group, LLC et al, No. 22-13879, 2026 WL 180272 (11th Cir. Jan. 22, 2026), the U.S. Court of Appeals for the Eleventh Circuit held that summary judgment was improper on plaintiff’s sexual harassment claim under, e.g., Title VII of the Civil Rights Act of 1964. From the decision: Santana presented…

Read More Eleventh Circuit Revives Title VII Hostile Work Environment Sexual Harassment Claim From Summary Judgment Dismissal
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As NYC braces for the impending blizzard, it’s important to keep in mind best practices for remaining safe and avoiding slips and falls on snow and ice. New York City winters are no joke. We get everything from light dustings to full-blown blizzards. And with every storm comes the responsibility of property owners – whether…

Read More Don’t Let Winter Wonderland Turn into a Winter Woe-land: A NYC Personal Injury Lawyer’s Take on Snow and Ice
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In Chamale-Eustace v. State Univ. of New York at Stony Brook, et al. No. 2023–11413, 2026 WL 158303 (N.Y. App. Div. Jan. 21, 2026), the New York Supreme Court, Appellate Division, Second Department reversed a lower court’s decision, finding that plaintiff failed to state a claim for sex discrimination under 42 U.S.C. § 1983 and…

Read More Gender Discrimination, Asserted Under 42 U.S.C. § 1983 & the New York State Human Rights Law, Dismissed Due to Lack of “Adverse Employment Action”
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In Gahfi v. New York City Department of Education & Shenean Lindsay, No. 23-CV-1782 (BMC), 2026 WL 141907 (E.D.N.Y. Jan. 20, 2026), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s hostile work environment claims under the New York State and City Human Rights Laws. From the decision: To survive a motion…

Read More Hostile Work Environment Claims, Arising in Part from Leave Request Denial, Survives Summary Judgment
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