September 2026

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In Diaz-Roa v. Hermes L., P.C., No. 24-3223-CV, 2026 WL 2931801 (2d Cir. Sept. 30, 2026), the U.S. Court of Appeals for the Second Circuit broadly interpreted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”). From the decision: In 2022, the President signed the [EFAA]. When properly invoked, the EFAA enables…

Read More 2nd Circuit Broadly Interprets the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act
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In Spicer v. J. Steven Sheldon et al, No. 1:25-CV-00029, 2026 WL 2920290 (N.D. Ohio Sept. 29, 2026), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights At of 1964. From the decision: Spicer suggests that Captain Sweat targets female…

Read More Title VII Hostile Work Environment Claim Dismissed; General Abrasiveness Did Not Amount to Gender Bias
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In Peter v. The Churchill School and Center, No. 156979/2025, 2026 WL 2430831 (N.Y. Sup. Ct. Aug. 11, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim under the New York City Human Rights Law. From the decision: To state a claim for hostile work environment under the NYCHRL,…

Read More Court Dismisses Hostile Work Environment Claim; Alleged Discipline and Heightened Scrutiny of Performance Insufficient
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In Elshabrowy v. Ali Awad Law, P.C. et al, No. 26-CV-50 (HG)(SDE), 2026 WL 2880879 (E.D.N.Y. Sept. 25, 2026), the court, inter alia, held that plaintiff sufficiently Alleged sexual harassment under the New York State and City Human Rights Laws and, therefore, has alleged a “sexual harassment dispute” within the scope of the Ending Forced…

Read More Sexual Harassment Sufficiently Alleged; Arbitration Precluded Under EFAA
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In Lynch v. Elite Ambulance Company, No. 2:25-CV-427-TLS-JEM, 2026 WL 2820020 (N.D. Ind. Sept. 14, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of national origin discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: The Complaint alleges that the Plaintiff is Hispanic and that…

Read More Title VII National Origin Discrimination Claim, Arising From Termination of Hispanic Employee, Survives Dismissal
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In C. N. v. Sigma Delta Tau Soc’y, No. 2025–13523, 2026 WL 2855525 (N.Y. App. Div. Sept. 23, 2026), the court addressed an issue of first impression, namely, whether the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) (9 USC §§ 401, 402) can serve to prevent arbitration, notwithstanding an…

Read More EFAA Precludes Arbitration in Negligence Action, Arising From Alleged Sexual Assault at Fraternity Mixer, Against Sorority
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In Acevedo v. City of New York, No. 163520/2025, 2026 WL 2839089 (N.Y. Sup. Ct. Sep. 11, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim under the New York City Human Rights Law. From the decision: The City argues plaintiff fails to plead that defendant Murray retaliated against plaintiff after…

Read More Retaliation Claim, Arising From Removal From Team and Demotion Following Objection to Sexual Advances, Survives Dismissal
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In Saunders v. Albertsons/Safeway, LLC et al, No. 24-CV-00814-PAB-SBP, 2026 WL 2819757 (D. Colo. Sept. 18, 2026), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: The crux of Ms. Saunders’ factual support for a…

Read More Hostile Work Environment Claim Dismissed on Summary Judgment; “Bitch” Comment Insufficient
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In Siani v. New York City Dep’t of Educ., No. 155156/2025, 2026 WL 2826449 (N.Y. Sup. Ct. Sep. 08, 2026), the court, inter alia, held that plaintiff sufficiently alleged a claim of disability-based hostile work environment under the New York City Human Rights Law. In sum, in this case, plaintiff, a teacher, alleges that she…

Read More Disability-Based Hostile Work Environment Claim Survives Dismissal; Allegations Included That Employer Ignored Medical Documentation and Failed to Engage in Cooperative Dialogue
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In Raylane v. Integra Staffing Services, Inc. & Republic Services, Inc., No. 3:24-CV-3051-X, 2026 WL 2790785 (N.D. Tex. Sept. 17, 2026), the court, inter alia, held that plaintiff sufficiently alleged retaliation under Title VII of the Civil Rights Act of 1964. The court summarized the facts as follows: Integra provides temporary staffing to various companies,…

Read More Title VII Retaliation Claims, Arising From Termination Following Complaint of Alleged Sexual Harassment, Sufficiently Alleged Against Staffing Agency & Company
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