Pleading

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In Marquis v. Philadelphia Gas Works, No. 2:25-CV-07005-JDW, 2026 WL 711802 (E.D. Pa. Mar. 13, 2026), the court denied defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Right Act of 1964. From the decision: During her time at PGW, Ms. Marquis experienced various workplace incidents that…

Read More Sex-Based Hostile Work Environment Claim Survives Dismissal
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In Sacchi v. The Ribbon Worldwide LLC, No. 154663/2024, 2026 WL 676206 (N.Y. Sup. Ct. Feb. 25, 2026), the court granted defendant’s motion to dismiss plaintiff’s claim of weight discrimination asserted under the New York State and City Human Rights Laws. From the decision: Here, as an initial matter, this court finds that the NYSHRL…

Read More Weight Discrimination Claims Dismissed; Allegations Amounted to “Speculation”
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In Lara-Nieves v. Commonwealth of Puerto Rico et al, No. CV 24-1358 (RAM), 2026 WL 658905 (D.P.R. Mar. 9, 2026), the court, inter alia, denied defendant’s motion dismiss plaintiff’s hostile work environment sexual harassment claim asserted under the Equal Protection Clause of the 14th Amendment. After summarizing the black-letter law – including the principle that…

Read More Hostile Work Environment Sexual Harassment 14th Amendment Equal Protection Claim Survives Dismissal
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In Neel v. New York University, No. 655743/2023, 2026 WL 623701 (N.Y. Sup. Ct. Feb. 26, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of discrimination under the New York State and City Human Rights Laws. From the decision: To state a claim for discrimination under NYSRHL and NYCHRL a plaintiff…

Read More Religion-Based Discrimination Claims Survive Dismissal Against New York University
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In Memmer v. United Wholesale Mortgage, No. 23-CV-10921, 2026 WL 561393, at *8 (E.D. Mich. Feb. 27, 2026), the court, inter alia, granted defendants’ motion to compel arbitration and to dismiss plaintiff’s complaint, finding that plaintiff’s claims did not trigger the application of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of…

Read More Sexual Harassment Insufficiently Alleged; EFAA Inapplicable; Arbitration Compelled
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In Schulman v. The Department of Education of the City of New York, No. 24 CIV. 8322 (AT), 2026 WL 573298 (S.D.N.Y. Mar. 2, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s employment discrimination claim. This decision provides an instructive overview of the “adverse employment action” element of this cause of action.…

Read More Employment Discrimination Claim Dismissed; Adverse Action, Constructive Discharge Insufficiently Alleged
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In Eberra v. Walmart Associates, Inc. et al, No. 25-2307-DDC-ADM, 2026 WL 555378 (D. Kan. Feb. 27, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliatory hostile work environment claim under 42 U.S.C. § 1981. From the decision: The court thus starts by determining whether plaintiff has stated a plausible retaliatory-hostile-work-environment claim.…

Read More Retaliatory Hostile Work Environment Claims Sufficiently Alleged Under 42 U.S.C. § 1981 Against Walmart and Individual Defendants, Court Holds
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In Chen v. Hsiao, No. 160786/2023, 2026 WL 509593 (N.Y. Sup. Ct. Feb. 17, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims under the New York Civil Rights Law § 52-b (i.e., NY’s “Revenge Pornography” statute) and New York City Administrative Code § 10-180 (NYC’s parallel “Revenge Pornography” statute). After reciting the…

Read More NYS, NYC “Revenge Pornography” Claims Survive Motion to Dismiss
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In Pablo Munoz, Jr. v. Dart Container Corp. of Illinois, No. 25 CV 8707, 2026 WL 458453 (N.D. Ill. Feb. 18, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race- and national origin-based hostile work environment claims. From the decision: A complaint alleging discrimination under Title VII need only aver that the…

Read More Race, National Origin Hostile Work Environment Claims Sufficiently Alleged, Court Holds
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In Toomey v. One Equity Partners, No. 24-CV-04088 (MMG), 2026 WL 458244 (S.D.N.Y. Feb. 18, 2026), the court denied defendant’s motion to compel arbitration under the Ending Forced Arbitration Act (“EFAA”). Initially, the court held that “a plaintiff may invoke the EFAA to avoid a mandatory arbitration provision by plausibly alleging a claim of sexual…

Read More Sexual Harassment Sufficiently Alleged Under NYCHRL; Motion to Compel Arbitration Denied Under EFAA
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