Employment Discrimination

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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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In Epifani v. State of New Mexico et al, 2026 WL 1261122 (D.N.M. May 8, 2026), the court, inter alia, held that plaintiff sufficiently alleged a disability-based hostile work environment claim under the Americans with Disabilities Act (ADA). From the decision: Plaintiff’s complaint includes certain factual allegations that arguably pertain to her ADA hostile work…

Read More ADA Disability, But Not Title VII National Origin, Hostile Work Environment Survives Dismissal
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In Guardada v. Kiss Distribution Corp. et al, No. 25CV649 (EP) (JRA), 2026 WL 1078770 (D.N.J. Apr. 21, 2026), the court denied defendants’ motion to dismiss plaintiff’s retaliatory hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: The Third Circuit recognizes, as a separate cause of…

Read More Title VII Retaliatory Hostile Work Environment Claim Survives Dismissal
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In Kathy Breiding v. High Hopes Films, LLC et al, No. 152385/23, 2026 WL 1216946 (N.Y. App. Div. May 5, 2026), the court addressed plaintiff’s claims, under the New York State and City Human Rights Laws, arising from an actor’s objection to a scripted kiss. From the decision: In 2009 and 2015, plaintiff played the…

Read More Gender Discrimination Claims, Arising From Refusal of Scripted Kiss, Survive Summary Judgment
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In Terrell v. UVA Health System, No. 3:26-CV-00036, 2026 WL 1122379 (W.D. Va. Apr. 24, 2026), the court granted defendant’s motion to dismiss plaintiff’s hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). From the…

Read More Sex/Age/Disability-Based Hostile Work Environment Claims Dismissed; Criticism of Performance Insufficient
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In Rivkind v. Oracle America, Inc., No. CV 25-172, 2026 WL 1082138 (E.D. Pa. Apr. 21, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Count III asserts a sex-based hostile work environment claim…

Read More Title VII Sex-Based Hostile Work Environment Claim Dismissed; Allegations of Being “Targeted” and “Belittled” Insufficient
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In Slmonsen v. KSH Aviation LLC, No. 25-CV-00266 (MMG), 2026 WL 880383 (S.D.N.Y. Mar. 31, 2026), the court denied defendant’s motion to dismiss plaintiff’s claim of employment discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: To survive a motion to dismiss under Rule 12(b)(6), a complaint must plead…

Read More Title VII Discrimination, Unpaid Wage, and Breach of Contract Claims Survive Dismissal
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In Osei v. The Bookdale Hospital Medical Center et al, No. 25-CV-3893 (NGG) (JRC), 2026 WL 1133246 (E.D.N.Y. Apr. 27, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s religion-based discrimination claim asserted  under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law (NYSHRL), and the…

Read More Title Religion-Based Discrimination Claim Sufficiently Alleged Against Brookdale Hospital Medical Center
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In Ashleigh, Theophania v. The Mount Sinai Hospital, 2026 WL 1133711 (S.D.N.Y. April 27, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s constructive discharge claim asserted under 42 U.S.C. § 1981. From the decision: Constructive discharge of an employee occurs when an employer, rather than directly discharging an individual, intentionally creates an…

Read More Race-Based Constructive Discharge Claim Sufficiently Alleged
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In McFarlane v. Community Health Center of Richmond, Inc., No. 25-CV-00410 (NCM) (RML), 2025 WL 3625900 (E.D.N.Y. Dec. 15, 2025), the court denied defendant’s motion for reconsideration of the portion of the court’s December 15, 2025 Order denying defendant’s motion to dismiss plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of…

Read More Title VII Retaliation Claim Sufficiently Alleged; Motion for Reconsideration Denied
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