September 2026

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In Delancey v. Justin Wells, Fox Corporation, & Fox News Network, LLC, No. 23 CIV. 10357, 2026 WL 2689395 (S.D.N.Y. Sept. 14, 2026), a sexual harassment case, the court, inter alia, discussed and applied the vicarious liability provision of the New York City Human Rights Law, specifically N.Y.C. Admin. Code § 8-107(13)(b)(1), which provides that “an…

Read More Court Applies NYC Human Rights Law’s “Managerial or Supervisory Responsibility” Vicarious Liability Provision; Finds Triable Issue of Fact
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In Buckner v. AT&T Inc. et al, No. 4:25-CV-01569-JMD, 2026 WL 2793530 (E.D. Mo. Sept. 17, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: To establish a prima facie case for hostile work environment, a plaintiff must show: (1) she belongs to a protected…

Read More Single “Lynch Mob” Comment Insufficient to Plausibly Allege a Race-Based Hostile Work Environment, Court Rules
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In Sierra v. Mount Sinai Health Sys., Inc., No. 152336/24, 2026 WL 2727837 (N.Y. App. Div. 2d Dept. Sept. 16, 2026), the court affirmed the lower court’s denial of defendant’s motion to dismiss plaintiff’s cause of action alleging disability discrimination and failure to accommodate disability in violation of the New York State and City Human…

Read More Disability Discrimination, Failure to Accommodate Claims Sufficiently Alleged
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In Egbueje v. Epiq EDiscovery Solutions, Inc., No. 24 CIV. 6702 (LDH) (VMS), 2026 WL 2690659 (E.D.N.Y. Sept. 14, 2026), the court granted defendant’s motion to compel arbitration, finding that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2022 (the “EFAA”) did not apply, since plaintiff did not plausibly allege that…

Read More Sexual Harassment Insufficiently Alleged; EFAA Did Not Apply; Arbitration Compelled
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In Suarez v. E & N Chop Shop, Inc. et al, No. 2:25-CV-4517 (NJC) (ARL), 2026 WL 2720123 (E.D.N.Y. Sept. 15, 2026), the court, inter alia, recommended the denial of defendants’ motion to dismiss plaintiff’s discrimination/hostile work environment claims asserted under the New York State Human Rights Law. Here, the plaintiff asserted that he was…

Read More National Origin, Immigration Status Discrimination Claims Survive Motion to Dismiss on Timeliness Grounds
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In Bryant, Regina v. Douglas A. Collins, Sec’y of the U.S. Dep’t of Veterans Affs., No. 1:25-CV-166-PAB, 2026 WL 2718242 (N.D. Ohio Sept. 15, 2026), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of hostile work environment. From the decision: In the Motion, Defendant argues that Plaintiff’s hostile work environment…

Read More Hostile Work Environment Claim Dismissed; Being Forced to Work With “Bully” Held Insufficient
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In Byas v. Yonkers Public Schools, No. 23-CV-8437 (KMK), 2026 WL 2689831 (S.D.N.Y. Sept. 11, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff’s second cause of action is a hostile work environment claim…

Read More Title VII Hostile Work Environment Claim Dismissed; Alleged Insults And Other Negative Comments Insufficient
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In Matima v. Bytedance Inc. et al, No. 25 CIV. 10213 (PAE), 2026 WL 2676497 (S.D.N.Y. Sept. 11, 2026), the court, inter alia, held that the plaintiff sufficiently alleged sexual harassment under the New York City Human Rights Law, and therefore, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021…

Read More Sexual Harassment Plausibly Alleged Under the NYC Human Rights Law, Resulting in Denial of Motion to Compel Arbitration Under the EFAA
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In Smith v. New York City Housing Authority et al, No. 25-CV-283 (NRM) (MMH), 2026 WL 2665034 (E.D.N.Y. Sept. 10, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claim asserted under the Americans with Disabilities Act (ADA). After concluding that plaintiff sufficiently alleged “protected activity” (plaintiff’s complaint to human resources “regarding…

Read More ADA Retaliation Claim, Arising From Termination 2 Months After HR Complaint of Discrimination, Survives Dismissal
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In Kuhn v. Stern, No. 652040/2026, 2026 WL 2271387 (N.Y. Sup. Ct. July 29, 2026), the court granted defendant’s motion to dismiss plaintiff’s causes of action against Howard Stern and others, seeking declarations deeming invalid and unenforceable a Confidentiality Agreement and a Non-Disclosure Agreement, so she would be able to “freely discuss her employment in…

Read More Court Rejects Personal Assistant’s Attempt to Declare Howard Stern Production Company NDA Invalid, Unenforceable
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