Author: mjpospis

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In Kutagula v. Matterport, Inc., No. 25-CV-05383-NC, 2026 WL 478343 (N.D. Cal. Feb. 19, 2026), the court, inter alia, granted defendant’s motion to compel arbitration, finding that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) did not apply. From the decision: Plaintiff’s allegations, while concerning if true and may describe sex…

Read More Allegations, While Concerning, Did Not Amount to Sexual Harassment Triggering EFAA Protection From Arbitration
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In Eskinazi v. Corporate Subscription Management Services, LLC, No. 2:25-CV-04879 (BRM) (JRA), 2026 WL 445809 (D.N.J. Feb. 17, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claim(s). From the decision: To succeed on a hostile work environment claim, a “plaintiff must establish that 1) the employee suffered intentional discrimination…

Read More Hostile Work Environment Claim(s) Sufficiently Alleged; Evaluation of “Severe or Pervasive” Element Best Suited to Summary Judgment
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In Hughes v. Louis DeJoy, Postmaster General, U.S. Postal Service, No. 24-5865, 2026 WL 446413 (9th Cir. Feb. 17, 2026), the U.S. Court of Appeals for the Ninth Circuit affirmed the lower court’s summary judgment dismissal of his race- and disability-based hostile work environment claims. From the decision: The district court appropriately granted summary judgment…

Read More 9th Circuit Affirms Dismissal of Plaintiff’s Race and Disability Based Hostile Work Environment Claims
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In Altidor v. Medical Knowledge Group LLC, 2026 NY Slip Op 00870 (N.Y. App. Div. 1st Dept. Feb. 17, 2026), the court unanimously reversed a lower court’s decision granting defendant’s motion to dismiss plaintiff’s claims of discriminatory non-promotion and termination under the New York State and City Human Rights Laws, and reinstated those claims. From…

Read More Dismissal Reversed; Race-Based Failure to Promote and Termination Claims Sufficiently Alleged
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In Runnels v. State of Kansas, No. 25-1104-EFM-TJJ, 2026 WL 395211 (D. Kan. Feb. 12, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation under Title VII of the Civil Rights Act of 1964. From the decision: To state a case for retaliation under Title VII, a plaintiff must show…

Read More Title VII Retaliation, But Not Race and Sex Discrimination, Claims Sufficiently Alleged
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In Revan v. University of Denver Department of Campus Safety, No. 25-CV-00528-NYW-CYC, 2026 WL 376809 (D. Colo. Feb. 11, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To state a prima facie claim for…

Read More Title VII Sex & Race Based Hostile Work Environment Sufficiently Alleged
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Ah, Valentine’s Day. For many, it’s a day for romance, red roses, and heart-shaped boxes of chocolates. But for me, an NYC plaintiff/employee-side sexual harassment lawyer, it’s often a day that sends a shiver down my spine. Why? Because while Cupid might be aiming for love, sometimes his arrows land squarely in the realm of…

Read More Roses, Chocolates, and HR Complaints: Navigating Valentine’s Day in the NYC Workplace
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In Wilkinson v. Douglas Collins, Sec’y, U.S. Dep’t of Veterans Affs., No. 3:24-CV-01749-AP, 2026 WL 396526 (D. Or. Feb. 12, 2026), the court granted defendant’s motion to dismiss plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA), on the ground that plaintiff failed to exhaust administrative remedies. From the decision: Under…

Read More ADEA Age Discrimination Claim Dismissed for Failure to Exhaust Administrative Remedies
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In Egan v. Ballantyne Country Club, No. 3:25-CV-00373-KDB-DCK, 2026 WL 377867 (W.D.N.C. Feb. 11, 2026), the court, inter alia, dismissed plaintiff’s claim of quid pro quo sexual harassment under Title VII of the Civil Rights Act of 1964. From the decision: In her next claim, Egan alleges that BCC violated Title VII when Dougherty made…

Read More Quid Pro Quo Sexual Harassment Claim Dismissed; Court Cites Failure to Allege Exercise of Authority to Alter Term or Condition of Employment
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In Ward v. District of Columbia, No. 24-2806 (RBW), 2026 WL 377518 (D.D.C. Feb. 11, 2026), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision: The Court concludes that at this early stage of the…

Read More Hostile Work Environment Sexual Harassment Sufficiently Alleged
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