Pleading

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In Dupray v. NY Loft, LLC and Ana Sternberg, Civil Action No. 25-229, 2025 WL 2393375 (D.N.J. August 18, 2025), the court denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under the New Jersey Law Against Discrimination (NJLAD). From the decision: Defendants move to dismiss Plaintiff’s NJLAD hostile work environment claim. “Claims…

Read More Hostile Work Environment Claim, Based on Display of Sexually Graphic Photograph, Survives Dismissal
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In Fernandez v. American Sugar Refining, Inc., 2025 WL 2294879 (E.D.La. Aug. 8, 2025), the court, inter alia, discussed and applied the “administrative exhaustion” requirement applicable to claims asserted under Title VII of the Civil Rights Act of 1964. Initially, the court held that plaintiff did not administratively exhaust the sex-based discrimination claim: Defendant contends…

Read More Hostile Work Environment, But Not Sex Discrimination, Claim Survives Dismissal Based on “Administrative Exhaustion” at the EEOC
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In Shimeles v. Fairfax County School Board, Civil Action No. 1:24-cv-474 (RDA/IDD), 2025 WL 2375203 (E.D.Va. Aug. 14, 2025), the court, inter alia, held that plaintiff sufficiently alleged a racially-hostile work environment, in violation of Title VII of the Civil Rights Act of  1964. From the decision: Unwelcome conduct rises to the level of being…

Read More Race-Based Hostile Work Environment Sufficiently Alleged; Court Cites Claimed Threat of Hanging by Noose
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In Tardiff v. Laborers International Union of North American Local Union 609 et al, 2025 WL 2374000 (D.Mass. Aug. 15, 2025), the court, inter alia, held that plaintiff sufficiently alleged sexual harassment under Massachusetts state law and Title VII of the Civil Rights Act of 1964. From the decision: Ms. Tardiff has alleged that Mr.…

Read More Hostile Work Environment Sexual Harassment Claims Survive Dismissal; Allegations Include Disparaging Comments and Brandishing Firearm
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In Pacheco v. Kukaj, No. 158029/2024, 2025 WL 2256864 (N.Y. Sup Ct, New York County Aug. 05, 2025), the court denied defendant’s motion to dismiss plaintiff’s cause of action asserted under Victims of Violent Crime Protection Act, N.Y.C. Administrative Code § 10-401 et seq. From the decision: Under CPLR § 3211(a)(7), a “party may move…

Read More Plaintiff Sufficiently Alleges Claim Under NYC’s Victims of Violent Crime Protection Act, Court Holds
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In Dassie v. Wilmer Cutler Pickering Hale and Dorr, LLP, No. 160227/2023, 2025 WL 2224323 (N.Y. Sup Ct, New York County Aug. 05, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claims asserted under the New York City Human Rights Law. From the decision: A hostile work environment violates…

Read More Race, National Origin Discrimination-Based Hostile Work Environment Claims Dismissed Against WilmerHale
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In Duff v. Royer Cooper Cohen Braunfeld LLC, No. 659884/2024, 2025 WL 1907934, 2025 N.Y. Slip Op. 32619(U) (N.Y. Sup Ct, New York County July 10, 2025), the court held that plaintiff did not have a viable breach of contract claim – in light of his “at will” employment status – his age discrimination claims…

Read More At-Will Employee Fails to State Breach of Contract Claim, But Age Discrimination Claims Survive
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In King v. Koch AG & Energy Solutions, LLC, CIVIL ACTION No. 25-1017-KHV, 2025 WL 2106828 (D.Kan. July 28, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Specifically, the court considered the effect on plaintiff’s…

Read More Sex-Based Hostile Work Environment Claim Sufficiently Alleged Under New “Muldrow” Standard
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In Naulla v. WrkArt Studios, LLC, No. 518241/2024, 2025 WL 1884194 (N.Y. Sup Ct, Kings County July 03, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of retaliation under the New York State and City Human Rights Laws. From the decision: For his first and fourth causes of action, Plaintiff pleads…

Read More Caregiver/Gender Discrimination Claims Sufficiently Alleged; Plaintiff Allegedly Forced to Work During Paternity Leave
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In Hicks v. CEC Entertainment Holdings I, Inc., 2025 WL 1770787 (D.Del. June 26, 2025), the court denied defendant’s motion to dismiss plaintiff’s retaliation claim, premised on the plaintiff’s termination following her complaint about alleged wrongful activities by her immediate supervisor, including sexual harassment of female employees. Specifically, the court held that plaintiff’s claims fell…

Read More Retaliation Claim, Arising From Termination Following Complaint of Sexual Harassment, Survives Dismissal; EFAA Applied
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