Employment Law

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In Bird v. University of Florida Board of Trustees et al, No. 22-12061, 2026 WL 3060648 (11th Cir. Oct. 13, 2026), the court, inter alia, affirmed the lower court’s award of summary judgment on plaintiff’s sex-based hostile work environment claim. From the decision: Sex-based harassment that is “[e]ither sever[e] or pervasive[ ] is sufficient to…

Read More Title VII Sex-Based Hostile Work Environment Claim Properly Dismissed; Once Incident Every Five Months Deemed Insufficiently Frequent
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In Hall v. Coal Bed Servs. Inc., No. 24-10572, 2026 WL 2581843 (11th Cir. Sept. 1, 2026), the court, inter alia, reversed the lower court’s award of summary judgment on plaintiffs’ race-based discrimination claims asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. As to Title VII, the…

Read More Race Discrimination Claims Summary Judgment; Dismissal Reversed on Appeal
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In Rubin v. Morrison & Foerster, No. 155986/2024, 2026 WL 2923238 (N.Y. Sup. Ct. Sep. 17, 2026), an employment discrimination case, the court discussed and applied the “after acquired evidence doctrine.” In sum, plaintiff alleges that he was subject to discrimination based on his disability (including failure to accommodate and termination). This decision concerns plaintiff’s…

Read More Court Rejects After-Acquired Evidence Defense Justification for Discovery of Former Employers; Subpoena Quashed
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In Senderowitz v. Touro University, No. 160270/2025, 2026 WL 3027432 (N.Y. Sup. Ct. Sep. 28, 2026), the court denied defendant’s motion to dismiss plaintiff’s claim of retaliation under the New York State Human Rights Law. From the decision: To state a claim for retaliation under the NYSHRL, a plaintiff must allege that she engaged in…

Read More Retaliation Claim Sufficiently Alleged; Termination Without Notice Followed EEOC Complaint
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In Roman v. The Dept. of Educ. of the City of New York, No. 527576/2025, 2026 WL 2959089 (N.Y. Sup. Ct. Sep. 15, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of retaliation asserted under the New York State and City Human Rights Laws. From the decision: Pursuant to Executive Law…

Read More Retaliation Claims Dismissed; Termination Followed Disclosure of Student’s Confidential Information to the NYS Division of Human Rights
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In Dave v. 1661, Inc., No. CV 26-01043 (ES) (ADS), 2026 WL 2969449 (D.N.J. Oct. 2, 2026), a pregnancy discrimination case, the court denied the defendants’ motion to compel arbitration or dismiss. Initially, the court held that the arbitration agreement was not nullified by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act…

Read More EFAA Did Not Nullify Arbitration Agreement; Pregnancy Discrimination Plaintiff Did Not Allege Conduct Constituting a “Sexual Harassment Dispute”
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In Reed v. Remington Arms Co., Inc., No. 25-2886, 2026 WL 3024473 (8th Cir. Oct. 8, 2026), the court, inter alia, affirmed the lower court’s grant of summary judgment in favor of defendant on plaintiff’s race and sex-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964. From the…

Read More Title VII Race, Sex-Based Hostile Work Environment Claims Properly Dismissed on Summary Judgment, 8th Circuit Rules
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In Fortmann v. St. John’s University, No. 24-CV-5494 (NRM) (LKE), 2026 WL 2927762 (E.D.N.Y. Sept. 29, 2026), the court, inter alia, held that plaintiff sufficiently alleged retaliation claims under Title VII of the Civil Rights Act of 1964, Title IX, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Retaliation Claims Survive Dismissal; Allegations Included Limitations on Research Funds Following Rejection of Sexual Advances
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In Seawright v. Andrea R. Lucas, No. 26-CV-03444-TSH, 2026 WL 2970365 (N.D. Cal. Oct. 2, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s – a queer transgender man – hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: The Court need not decide…

Read More Title VII Hostile Work Environment Claim, Asserted by Transgender Man, Survives Dismissal
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In Hardmon v. SNF Mor LLC d/b/a Avardis Health et al, No. 4:25-CV-203-DMB-JMV, 2026 WL 2970552 (N.D. Miss. Sept. 30, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleges that she was terminated after reporting what she…

Read More Title VII Retaliation Claim, Arising From Termination Following Report to HR of Alleged Sexual Harassment, Survives Dismissal
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