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 AllegedAh, 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 WorkplaceIn 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 RemediesIn 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 EmploymentIn Swanson v. Dr. Don Chapman, DDS, PLLC, No. CV 24-1622, 2026 WL 318971 (W.D. Pa. Feb. 6, 2026), a sexual harassment case, the court denied defendants’ motion in limine to exclude two instances of alleged sexual misconduct. The court held that the evidence was relevant under Federal Rule of Evidence 401, and not subject to…
Read More Motions in Limine Denied; Sexual Harassment Evidence Was Relevant and Not Unfairly PrejudicialIn Schwartz v. J. Nazmiyal, Inc., No. 151276/2025, 2026 WL 301047 (N.Y. Sup. Ct. Jan. 28, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of employment discrimination. From the decision: Defendants argue that plaintiff cannot establish the fourth necessary element, that an adverse action occurred under circumstances giving rise to an…
Read More Race Discrimination Sufficiently Alleged; Comparators Not a Mandatory RequirementIn Newcomer v. Mom’s Organic Market, Inc., 2026 WL 302537 (D.Md. 2026), the court, inter alia, granted plaintiff’s morion defendant’s motion to dismiss plaintiff’s amended complaint alleging a race-baser hostile work environment. From the decision: The Court had originally dismissed this claim because no facts connected May’s racially derogatory conduct generally to Newcomer more particularly, or…
Read More Race-Baser Hostile Work Environment Claim Sufficiently Alleged in Amended Complain, Court RulesIn Melton v. I-10 Truck Ctr. Inc., No. 23-14175, 2026 WL 319183 (11th Cir. Feb. 6, 2026), the U.S. Court of Appeals for the 11th Circuit vacated the lower court’s decision awarding defendant summary judgment on plaintiff’s claim of a racially hostile work environment under 42 U.S.C. § 1981. From the decision: To prevail on…
Read More Racially Hostile Work Environment Claim Resurrected From Summary Judgment Dismissal; Evidence Included Use of Racial Slur “Boy”In Palermo v. Luxor Staffing, Inc., No. 3:25-CV-00499, 2026 WL 300771 (M.D. Tenn. Feb. 4, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. The court summarized the following allegations from plaintiff’s complaint: 19. The harassment was both…
Read More Sexual Harassment Claim Survives Dismissal; Allegations Included Physical Assault and Verbal HarassmentIn Daryl Whitfield v. Kristi Noem, No. 2:25-CV-04499-HDV-PDX, 2026 WL 1270812 (C.D. Cal. Jan. 9, 2026), the court held that plaintiff sufficiently alleged race discrimination in violation of Title VII of the Civil Rights Act of 1964. From the decision: Defendant asserts that Plaintiff’s SAC does not state a racial discrimination claim because it is…
Read More Title VII Race Discrimination Claim Sufficiently Alleged; Court Confirms That a Plaintiff Need Not Provide Evidence in a Complaint to Survive Dismissal