Pleading

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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
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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
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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
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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
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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
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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
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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
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In Osinubi v. Sanofi Pasteur, Inc. et al, No. 1:25-CV-12262-JEK, 2026 WL 986193 (D. Mass. Apr. 13, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: A hostile work environment is one that is “ ‘pervaded by harassment or abuse, with the resulting intimidation, humiliation,…

Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged
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In Brown v. Winston Staffing LLC, No. 159405/2025, 2026 WL 964813 (N.Y. Sup. Ct. Apr. 07, 2026), the court denied defendant’s motion to dismiss plaintiff’s claim of disability discrimination asserted under the New York State Human Rights Law. From the decision: Plaintiff has a long-term injury to her left foot which causes her to walk…

Read More Disability Discrimination Claim Sufficiently Alleged; Allegations Included Mocking of Plaintiff’s Foot Injury
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In Dorzilor v. MSH 1538, LLC, No. 159191/2025, 2026 WL 967771 (N.Y. Sup. Ct. Apr. 08, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s employment discrimination and retaliation claims asserted under the New York City Human Rights Law. From the decision: To allege employment discrimination, a plaintiff must show (a) she is…

Read More NYCHRL Discrimination & Retaliation Claims Sufficiently Alleged; Termination Followed Medical Leave
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