2026

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In Brown v. CBS News, Inc., No. 152570/2025, 2026 WL 1348982 (N.Y. Sup. Ct. May 10, 2026), the court, inter alia, summarized and applied the law governing the geographic applicability of the New York State and City Human Rights Laws. It summarized the black-letter law as follows: The NYSHRL and NYCHRL each separately prohibit employment…

Read More Court Dismisses NYS and NYC Human Rights Law Claims on Subject Matter Jurisdiction Grounds; Relevant Conduct Occurred Outside New York
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In Davis v. Wawa, No. 25-2550, 2026 WL 1298513 (3d Cir. May 12, 2026), the U.S. Court of Appeals for the Third Circuit affirmed a lower court’s order granting summary judgment dismissing plaintiff’s claim of hostile work environment sexual harassment. From the decision: To establish a hostile work environment claim based on sexual harassment, a…

Read More Title VII Hostile Work Environment Sexual Harassment Dismissal Affirmed; Single Touching Incident Insufficient
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For decades, New York civil litigators operating under the Civil Practice Law and Rules (CPLR) relied on a familiar playbook: When a client was sued, defense counsel often took a, let’s say, “patient” approach to third-party practice by engaging in often lengthy, time-consuming discovery to fully clarify fault before bringing in (impleading) other parties, such…

Read More New York’s New Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act Streamlines Third-Party Practice
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In Damptey v. Truist Bank, No. 6:26-CV-00050, 2026 WL 1358740 (W.D. Va. May 14, 2026), the court granted defendant’s motion to dismiss plaintiff’s complaint alleging a race-based hostile work environment in violation of Title VII of the Civil Rights Act of 1964. This decision illustrates the context-specific analysis required in these types of cases. From…

Read More Title VII Race-Based Hostile Work Environment Claim Dismissed; Alleged Use of Term “Cotton Picking” Insufficient
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In Equal Emp. Opportunity Comm’n v. FCA US, L.L.C., No. 25-CV-10174, 2026 WL 1333761 (E.D. Mich. May 13, 2026), the court, inter alia, held that plaintiff sufficiently alleged a sex-based hostile work environment claim in violation of Title VII of the Civil Rights Act of 1964, and therefore denied defendant’s motion to dismiss and/or for…

Read More Title VII Hostile Work Environment Sexual Harassment Claim, Based on Alleged Touching, Leering, and Sexual Comments Survives Dismissal
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In Quintinar v. New York State Office of the Attorney General et al, No. 160721/22, 2026 WL 1291362 (N.Y. App. Div. May 12, 2026), the court held that plaintiff sufficiently alleged claims of, inter alia, sex discrimination and retaliation in violation of the New York State and City Human Rights Laws. From the decision: Plaintiff…

Read More Sex Discrimination and Retaliation Claims, Arising From Alleged Sexual Assault at Political Fundraising Event, Survive Dismissal
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In Farmer v. Mizuho Securities USA LLC, No. 151348/24, 2026 WL 1291338 (N.Y. App. Div. May 12, 2026), the New York Appellate Division, First Department reversed the lower court’s decision, and reinstated plaintiff’s claims of gender discrimination and hostile work environment under the New York State and City Human Rights Laws. From the decision: Plaintiff’s…

Read More Applying the Continuing Violation Doctrine, the First Department Reinstates NYS & NYC Human Rights Law Gender Discrimination and Hostile Work Environment Claims
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In Matthews v. United Airlines, Inc. et al, No. 2:25-CV-12895 (BRM) (LDW), 2026 WL 1283854 (D.N.J. May 11, 2026), the court, inter alia, held that plaintiff sufficiently alleged claims of sex-based discrimination and hostile work environment claim under Title VII of the Civil Rights Act of 1964 and the New Jersey Law Against Discrimination (NJLAD).…

Read More Hostile Work Environment Claim Sufficiently Alleged; Continuing Violation Doctrine Applied to Connect Sexual Harassment to Termination
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In the world of litigation, some lawsuits aren’t actually meant to be won in a courtroom—they’re meant to silence critics by subjecting them to costly litigation, including burying them in legal fees. These are known as SLAPPs (Strategic Lawsuits Against Public Participation). For years, New York’s protections against these bullies were notoriously weak. However, major…

Read More An Overview of New York’s Anti-SLAPP Law
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In Leshchenko v. Go New York Tours, Inc., No. 162179/2025, 2026 WL 1269950 (N.Y. Sup. Ct. May 04, 2026), the court denied defendant’s motion to dismiss plaintiff’s sexual orientation-based discrimination claims asserted under the New York State and City Human Rights Laws. The court summarized the facts as follows: Plaintiff, who is gay, began working…

Read More Sexual Orientation Discrimination Claims Survive Dismissal; Allegations Included Relocating Gay Plaintiff to Close Proximity of Coworker Who Used Homophobic Slur
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