Employment Law

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In Small v. Metropolitan Transit Authority (MTA), No. 158315/2024, 2026 WL 1880199 (N.Y. Sup. Ct. June 23, 2026), the court, inter alia, held that plaintiff’s discrimination and hostile work environment claims are barred by the “election of remedies” doctrine under the New York State Human Rights Law. From the decision: [The NYSHRL] provides that “any…

Read More Discrimination, Hostile Work Environment Claims Barred by Election-of-Remedies Doctrine
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In Amble v. City of Rockford Fire Dep’t., No. 3:22-CV-50196, 2026 WL 1846509 (N.D. Ill. June 26, 2026), the court, inter alia, granted defendant’s motion for summary judgment as to plaintiff’s constructive discharge claim. Among other things, plaintiff alleged that she was subjected to a conversation about oral sex, found pornography in the restroom, and…

Read More Constructive Discharge Claim Dismissed; While Work Environment May Have Been “Unhealthy,” It Was Not Sufficiently “Intolerable”
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In Walker v. CSL Plasma, Inc., No. 6:22-CV-6413-CJS-CDH, 2026 WL 1596200 (W.D.N.Y. June 4, 2026), the court granted defendants’ motion for summary judgment on plaintiff’s claim of retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights Law. This case is instructive as…

Read More Retaliation Claims Dismissed on Summary Judgment; Complaint Did Not Involve Accusation of Racism
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In Kilvert v. City Winery, LLC, No. 161087/2024, 2026 WL 1847596 (N.Y. Sup. Ct. June 16, 2026), the court, inter alia, granted plaintiff’s motion to amend their complaint to add a claim of disability discrimination under the New York State and City Human Rights Laws. From the decision: The standard for determining liability for discrimination-based…

Read More Disability Discrimination Claims Sufficiently Alleged; Leave to Amend Complaint Granted
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In Carmichael, Shayla v. Commonwealth of Pennsylvania, Department of Human Services, No. CV 24-6307, 2026 WL 1846548 (E.D. Pa. June 26, 2026), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The facts, in sum: Plaintiff’s…

Read More Sex-Based Hostile Work Environment Claim Dismissed; “Crass” Comments About Plaintiff’s Body, Appearance, and Clothing Not “Severe or Pervasive”
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In Gordon v. Heath, No. 23-2232, 2026 WL 1811021 (4th Cir. June 24, 2026), the court affirmed the denial of qualified immunity in a case of a race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. The court summarized the facts as follows: Don…

Read More Race-Based Hostile Work Environment Claims Sufficiently Alleged, Fourth Circuit Holds
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In Brown v. Alaska Airlines, Inc., No. 24-3789, 2026 WL 1813213 (9th Cir. June 24, 2026), the U.S. Court of Appeals for the Ninth Circuit reversed a lower court’s summary judgment dismissal of plaintiffs’ religion-based discrimination claims asserted under Title VII of the Civil Rights Act of 1964, finding that there existed a genuine dispute…

Read More 9th Circuit Resurrects Title VII Religion-Based Discrimination Claims Against Alaska Airlines From Summary Judgment Dismissal
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In Feliciano v. City of New York, No. 154804/2024, 2026 WL 1813759 (N.Y. Sup. Ct. June 10, 2026), the court denied defendant’s motion to dismiss plaintiff’s claim of disability discrimination asserted under the New York City Human Rights Law. The court summarized the facts as follows: Plaintiff alleges that in 2006 she was hired as…

Read More NYPD Officer’s Disability Discrimination, Hostile Work Environment Claims Survive Dismissal
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In Pusey, Audrey v. Florida Atlantic University Board of Trustees, No. 25-CV-81619, 2026 WL 1792786 (S.D. Fla. June 23, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that defendant discriminated against her…

Read More Title VII Sex-Based Hostile Work Environment Claim (Barely) Survives Dismissal
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In John Doe 1 et al v. Oscar Davis, Jr. et al, 89 Misc. 3d 1210(A) (N.Y. Sup. Ct. 2026) – in which plaintiffs seek to recover damages for negligence, battery, intentional infliction of emotional distress, prima facie tort, assault, respondeat superior, negligent hiring and violations of the New York State Human Rights Law for…

Read More Sexual Harassment Plaintiffs May Proceed Pseudonymously, Court Holds
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