Pleading

by

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

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

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:
by

In Epifani v. State of New Mexico et al, 2026 WL 1261122 (D.N.M. May 8, 2026), the court, inter alia, held that plaintiff sufficiently alleged a disability-based hostile work environment claim under the Americans with Disabilities Act (ADA). From the decision: Plaintiff’s complaint includes certain factual allegations that arguably pertain to her ADA hostile work…

Read More ADA Disability, But Not Title VII National Origin, Hostile Work Environment Survives Dismissal
Share This:
by

In Hernandez v. Bisbee Unified Sch. Dist. #2, et al., No. CV-25-00475-TUC-RM (BGM), 2026 WL 1256136 (D. Ariz. May 7, 2026), the court, inter alia, held that plaintiff stated a plausible national origin discrimination claim under Title VII of the Civil Rights Act of 1964. From the decision: Defendants next assert that Plaintiff’s national origin…

Read More Title VII National Origin Discrimination Claim Sufficiently Alleged
Share This:
by

In Guardada v. Kiss Distribution Corp. et al, No. 25CV649 (EP) (JRA), 2026 WL 1078770 (D.N.J. Apr. 21, 2026), the court denied defendants’ motion to dismiss plaintiff’s retaliatory hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: The Third Circuit recognizes, as a separate cause of…

Read More Title VII Retaliatory Hostile Work Environment Claim Survives Dismissal
Share This:
by

In Burgess v. Alamo Drafthouse et al, No. CV 25-02640 (AHA), 2026 WL 1070905 (D.D.C. Apr. 20, 2026), the court held that plaintiff failed to state a claim for age or race discrimination respectively under the Age Discrimination in Employment Act (ADEA) and Title VII of the Civil Rights Act of 1964. From the decision:…

Read More Age, Race Discrimination Claims Dismissed Against Alamo Drafthouse
Share This:
by

In Claybrook v. Freightliner of Arizona, LLC et al, No. 3:25-CV-00633, 2026 WL 1195852 (M.D. Tenn. May 1, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: To succeed on a hostile…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Survives Dismissal; Racial Harassment Allegations Deemed Pertinent to Pervasiveness
Share This:
by

In Slmonsen v. KSH Aviation LLC, No. 25-CV-00266 (MMG), 2026 WL 880383 (S.D.N.Y. Mar. 31, 2026), the court denied defendant’s motion to dismiss plaintiff’s claim of employment discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: To survive a motion to dismiss under Rule 12(b)(6), a complaint must plead…

Read More Title VII Discrimination, Unpaid Wage, and Breach of Contract Claims Survive Dismissal
Share This:
by

In McFarlane v. Community Health Center of Richmond, Inc., No. 25-CV-00410 (NCM) (RML), 2025 WL 3625900 (E.D.N.Y. Dec. 15, 2025), the court denied defendant’s motion for reconsideration of the portion of the court’s December 15, 2025 Order denying defendant’s motion to dismiss plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of…

Read More Title VII Retaliation Claim Sufficiently Alleged; Motion for Reconsideration Denied
Share This: