Pleading

by

Sketch of stick figure dizzy after baseball hit Sketch of stick figure dizzy after baseball hit

In Watson v. Metro. Transit Auth., 248 A.D.3d 1158 (N.Y. App. Div. 2026), the court, inter alia, held that a release did not apply to bar plaintiff’s employment discrimination action. From the decision: Generally, a valid release constitutes a complete bar to an action on a claim which is the subject of the release” (Centro…

Read More Employment Discrimination Claims Not Barred By Release; But Held Insufficiently Pled
Share This:
by

Green PL monogram logo on white background Green PL monogram logo on white background

In Thomasson v. State ex rel. Bd. of Regents of Nevada Sys. of Higher Educ., No. 3:25-CV-00611-MMD-CLB, 2026 WL 1346640 (D. Nev. May 13, 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. From the decision: Defendant moves to dismiss…

Read More Title VII Hostile Work Environment Complaint Dismissed For Failure to Satisfy Rule 8’s “Short and Plain Statement” Requirement
Share This:
by

Post thumbnail

In Ophir v. Koneksa Health Inc., No. 655301/2025, 2026 WL 1472577 (N.Y. Sup. Ct. May 19, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim asserted under New York Labor Law § 740 , finding that such claims were sufficiently alleged. From the decision: Defendants’ motion to dismiss Plaintiff’s New York…

Read More NY Labor Law § 740 Whistleblower Claim, Based on Termination Following Complaint About Spiking Female Employee’s Drink, Survives Dismissal
Share This:
by

Person sprawled on boardwalk above hole Person sprawled on boardwalk above hole

In Ophir v. Koneksa Health Inc., No. 655301/2025, 2026 WL 1472577 (N.Y. Sup. Ct. May 19, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims asserted under the New York State and City Human Rights Laws, finding that such claims were sufficiently alleged. From the decision: The retaliation claims under the…

Read More Retaliation Claims Sufficiently Alleged; Termination Followed Complaint Regarding Spiked Drink and Concerns Over Potential Sexual Assault
Share This:
by

Smiling man in suit and green bow tie Smiling man in suit and green bow tie

In Ophir v. Koneksa Health Inc., No. 655301/2025, 2026 WL 1472577 (N.Y. Sup. Ct. May 19, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age discrimination claims asserted under the New York State and City Human Rights Laws, finding that such claims were sufficiently alleged. From the decision: The motion to dismiss…

Read More Age Discrimination Sufficiently Alleged; Allegations Included Comments About Wanting the Company to be Younger
Share This:
by

Manhattan skyline at sunrise Manhattan skyline at sunrise

In Damptey v. Truist Bank, No. 6:26-CV-00050, 2026 WL 1358740 (W.D. Va. May 14, 2026), the court granted defendant’s motion to dismiss plaintiff’s complaint alleging a race-based hostile work environment in violation of Title VII of the Civil Rights Act of 1964. This decision illustrates the context-specific analysis required in these types of cases. From…

Read More Title VII Race-Based Hostile Work Environment Claim Dismissed; Alleged Use of Term “Cotton Picking” Insufficient
Share This:
by

Man in suit with red bow tie interviewed Man in suit with red bow tie interviewed

In Equal Emp. Opportunity Comm’n v. FCA US, L.L.C., No. 25-CV-10174, 2026 WL 1333761 (E.D. Mich. May 13, 2026), the court, inter alia, held that plaintiff sufficiently alleged a sex-based hostile work environment claim in violation of Title VII of the Civil Rights Act of 1964, and therefore denied defendant’s motion to dismiss and/or for…

Read More Title VII Hostile Work Environment Sexual Harassment Claim, Based on Alleged Touching, Leering, and Sexual Comments Survives Dismissal
Share This:
by

Pospis Law PLLC green monogram logo Pospis Law PLLC green monogram logo

In Quintinar v. New York State Office of the Attorney General et al, No. 160721/22, 2026 WL 1291362 (N.Y. App. Div. May 12, 2026), the court held that plaintiff sufficiently alleged claims of, inter alia, sex discrimination and retaliation in violation of the New York State and City Human Rights Laws. From the decision: Plaintiff…

Read More Sex Discrimination and Retaliation Claims, Arising From Alleged Sexual Assault at Political Fundraising Event, Survive Dismissal
Share This:
by

Black metal fire escapes on beige apartment building Black metal fire escapes on beige apartment building

In Farmer v. Mizuho Securities USA LLC, No. 151348/24, 2026 WL 1291338 (N.Y. App. Div. May 12, 2026), the New York Appellate Division, First Department reversed the lower court’s decision, and reinstated plaintiff’s claims of gender discrimination and hostile work environment under the New York State and City Human Rights Laws. From the decision: Plaintiff’s…

Read More Applying the Continuing Violation Doctrine, the First Department Reinstates NYS & NYC Human Rights Law Gender Discrimination and Hostile Work Environment Claims
Share This:
by

Man in suit with orange tie on sidewalk Man in suit with orange tie on sidewalk

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
Share This:
© 2026 Pospis Law, PLLC. All Rights Reserved.