Pleading

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In Kay v. Banchik, No. 654454/2023, 2025 WL 1707867 (N.Y. Sup Ct, New York County June 17, 2025), the court, inter alia, held that plaintiff failed to state age and gender discrimination claims under the New York State and City Human Rights Laws. From the decision: Defendants’ motion to dismiss Plaintiff’s remaining allegations for failure…

Read More Age, Sex Discrimination Claims, Asserted Under the NYS and NYC Human Rights Laws, Dismissed
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In Stanley v. City of Sanford, Fla., 2025 WL 1716138 (U.S. June 20, 2025), the U.S. Supreme Court interpreted the Americans with Disabilities Act (ADA) and addressed the question of whether that statute “reaches discrimination against retirees who neither hold nor desire a job whose essential tasks they can perform with reasonable accommodation.” The Court…

Read More Supreme Court: Retiree’s ADA Disability Discrimination Claim Properly Dismissed
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In Samuel v. Institute for Community Living, Inc., No. 150885/2024, 2025 WL 1180332 (N.Y. Sup Ct, New York County Apr. 22, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s employment discrimination, hostile work environment, and retaliation claims. The court summarized the facts as follows: Plaintiff alleges she always performed her work satisfactorily…

Read More Age Discrimination, Hostile Work Environment, Retaliation Claims Survive Dismissal; Allegations Include “Old Bitch”, “Fat Loser”, and “Piece of Crap” Comments
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In Baxter v. Swiftshift Inc., 24cv6241 (DLC), 2025 WL 1677712 (S.D.N.Y. June 13, 2025), the court, inter alia, held that plaintiff sufficiently alleged claims of hostile work environment, under the New York State and City Human Rights Laws, because of her sex and domestic violence victim status. From the decision: Baxter has also stated a…

Read More Hostile Work Environment Claims, Based on Sex and Domestic Violence Victim Status, Survive Dismissal
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In Pike v. Budd, 133 F.4th 74 (1st Cir. 2025), the court vacated the lower court’s dismissal of plaintiff’s sexual harassment claim based on qualified immunity. The court summarized the alleged facts as follows: Plaintiff-Appellant Samantha Pike (“Pike”), a licensed alcohol and drug treatment counselor employed by Wellspring, Inc. (“Wellspring”), worked at Maine’s Adult Treatment…

Read More Section 1983 Sexual Harassment Claim Survives Dismissal
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In Leavines, Isabella v. Ollie’s Bargain Outlet, Inc. and Lorenzo Duffey, Civil Action No. 2:24-932, 2025 WL 1635192 (W.D.Pa. June 10, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s quid pro quo sexual harassment claim asserted in violation of Title VII of the Civil Rights Act of 1964. From the decision: In Count II,…

Read More Title VII Quid Pro Quo Sexual Harassment Claim Survives Dismissal
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In Kukreja v. Scientific Systems Company et al, 24-CV-1364 (SFR), 2025 WL 1549071 (D.Conn. May 30, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s disability-based hostile work environment claim asserted under the Americans with Disabilities Act. In sum, plaintiff alleged that he incurred injuries while on a work trip, and that (for…

Read More Citing Timely Termination, Court Denies Motion to Dismiss Disability-Based Hostile Work Environment Claims
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In Troche v. New York City Transit Authority, No. 156731/2024, 2025 WL 1542341 (N.Y. Sup Ct, New York County May 29, 2025), the court granted defendant’s motion to dismiss plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. In sum, plaintiff alleged that the defendant committed discrimination by refusing to…

Read More Failure to Plead Known Disability Requiring Accommodation Dooms Discrimination Claims Against NYC Transit Authority
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In Krstovska v. Staunton Financial, Inc., Case No. 24-12903, 2025 WL 1524456 (E.D.Mich. May 27, 2025), the court, inter alia, the court dismissed plaintiff’s claims of hostile work environment and retaliation under Title VII of the Civil Rights Act of 1964, on the ground that plaintiff failed to exhaust her administrative remedies. From the decision:…

Read More Title VII Hostile Work Environment Claim Dismissed as Not Administratively Exhausted at the EEOC
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In Flanagan et al v. Girl Scouts of Suffolk County, Inc. et al, 23-7900-cv, 2025 WL 1501751 (2d Cir. May 27, 2025), the court, inter alia, held that plaintiff plausibly alleged race discrimination under 42 U.S.C. § 1981 and the New York State Human Rights Law (NYSHRL), and vacated a lower court order holding otherwise.…

Read More Race Discrimination Claims Plausibly Alleged; 2nd Circuit Vacates Dismissal
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