Author: mjpospis

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In Udoh v. NYC Dept. of Probation, 24-cv-03982 (ER), 2025 WL 219961 (S.D.N.Y. Aug. 1, 2025), the court dismissed plaintiff’s sex discrimination claim asserted under Title VII of the Civil Rights Act of 1964, because plaintiff did not “administratively exhaust” that claim before the U.S. Equal Employment Opportunity Commission. From the decision: The Court finds…

Read More Court, Applying the “Administrative Exhaustion” Doctrine, Dismisses Title VII Sex Discrimination Claim
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In King v. Koch AG & Energy Solutions, LLC, CIVIL ACTION No. 25-1017-KHV, 2025 WL 2106828 (D.Kan. July 28, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Specifically, the court considered the effect on plaintiff’s…

Read More Sex-Based Hostile Work Environment Claim Sufficiently Alleged Under New “Muldrow” Standard
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In Parks v. Nordson Medical of NH Inc., 2025 WL 2177177 (E.D.Tenn. July 31, 2025), the court held that plaintiff’s allegations did not plausibly state a claim for sexual harassment, and therefore that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 did not apply. From the decision: A court determines…

Read More Sexual Harassment Insufficiently Alleged; “Vulgar” Conduct Not Actionable
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In Kekovic v. Titan Motor Group LLC et al, 22-CV-2142 (MKB), 2025 WL 2173651 (E.D.N.Y. July 31 2025), the court, inter alia, denied defendants’ motion for summary judgment as to plaintiff’s claims of a race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964, Section 1981, and the New…

Read More Race-Based Hostile Work Environment Claims Survive Summary Judgment; Evidence Included Use of the “N-Word” at a Work Dinner
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In Hickman v. City of New York, No. 158494/2024, 2025 WL 2161731 (N.Y. Sup Ct, New York County July 30, 2025), the court granted defendant’s motion to dismiss plaintiff’s claim of sex-based associational discrimination under the New York City Human Rights Law. From the decision: Even if not barred by the general release, Plaintiff’s associational…

Read More Court Rejects Sex-Based Associational Discrimination Claim Under the NYC Human Rights Law
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In Naulla v. WrkArt Studios, LLC, No. 518241/2024, 2025 WL 1884194 (N.Y. Sup Ct, Kings County July 03, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of retaliation under the New York State and City Human Rights Laws. From the decision: For his first and fourth causes of action, Plaintiff pleads…

Read More Caregiver/Gender Discrimination Claims Sufficiently Alleged; Plaintiff Allegedly Forced to Work During Paternity Leave
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In Margarita v Mountain Time Health, LLC, No. 2023-07450, 527470/22, 2025 N.Y. Slip Op. 04089, 2025 WL 1888542 (N.Y.A.D. 2 Dept., July 09, 2025), the New York Appellate Division, Second Department, affirmed the lower court’s order granting defendants’ motion to dismiss plaintiff’s gender-based discrimination under the New York State and Human Rights Laws. From the…

Read More Citing Other Employees’ Contemporaneous Termination, 2nd Dept. Upholds Dismissal of Employment Discrimination Claims
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In Watkins v. Mack Trucks, Inc., 2025 WL 2086107 (E.D.Pa. July 24, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claim of a race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: [T]he remaining record could permit a reasonable jury…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment
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In Thomas v. Poo Bah Enterprises, Inc., d/b/a Rick’s Cabaret Chicago, No. 25-cv-77, 2025 WL 2084159 (N.D.Ill. July 24, 2025), the court explained and clarified the pleading standard is contemplated by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 in the context of a sexual harassment dispute. Here, plaintiff –…

Read More Court Adopts NY Federal Court’s Interpretation of EFAA in Retaliation/Sexual Harassment Case
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In Pell v. Yonkers City School District, 2025 WL 2084739 (S.D.N.Y. July 24, 2025), the court granted defendant’s motion to dismiss plaintiff’s race discrimination under 42 U.S.C. § 1981. From the decision: Plaintiff’s Section 1981 is deficient because she does not plausibly allege facts that show her purported mistreatment was because of her race. Although…

Read More Section 1981 Claim Dismissed; Factual Support For Race-Based Discrimination Lacking
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