Pleading

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In Newcomer v. Mom’s Organic Market, Inc., 2026 WL 302537 (D.Md. 2026), the court, inter alia, granted plaintiff’s morion defendant’s motion to dismiss plaintiff’s amended complaint alleging a race-baser hostile work environment. From the decision: The Court had originally dismissed this claim because no facts connected May’s racially derogatory conduct generally to Newcomer more particularly, or…

Read More Race-Baser Hostile Work Environment Claim Sufficiently Alleged in Amended Complain, Court Rules
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In Palermo v. Luxor Staffing, Inc., No. 3:25-CV-00499, 2026 WL 300771 (M.D. Tenn. Feb. 4, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. The court summarized the following allegations from plaintiff’s complaint: 19. The harassment was both…

Read More Sexual Harassment Claim Survives Dismissal; Allegations Included Physical Assault and Verbal Harassment
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In Schaffer v. GeneDx, LLC et al, No. 25 CIV. 2550 (DEH) (GS), 2026 WL 265338 (S.D.N.Y. Jan. 30, 2026), the court, inter alia, recommended that defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim under Title VII of the Civil Rights Act of 1964 be granted. From the decision: Even accepting Schaffer’s allegations…

Read More Sex-Based Hostile Work Environment Not Plausibly Alleged, Notwithstanding Micromanagement Allegations
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In Hinds v. PSEG Long Island LLC, Long Island Elec. Util. Servco LLC, Nat’l Grid Elec. Servs., LLC, Michael Abrams, & Michael Star, No. 23-CV-08701 (RER) (LGD), 2026 WL 266010 (E.D.N.Y. Feb. 2, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s discrimination claims under the New York State and City Human Rights Laws.…

Read More Discrimination Claims Survive Dismissal; Allegations Include Being Assigned to Work Outside on Sweltering Day
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In Stashak v. Phreesia, Inc., No. 25-CV-3808 (JMF), 2026 WL 249631 (S.D.N.Y. Jan. 30, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under the Age Discrimination in Employment Act (ADEA). From the decision: To bring a hostile work environment claim under the ADEA, a plaintiff “must show…

Read More Age-Based Hostile Work Environment Claim Sufficiently Alleged; Allegations Include Age-Based Jokes and Comments
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In McGinnis v. Plamondon Enterprises, Inc. d/b/a Roy Rogers, No. 25-2138-BAH, 2026 WL 221694 (D. Md. Jan. 28, 2026), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff plainly alleges the first…

Read More Sex-Based Hostile Work Environment Claims Survive Dismissal; Allegations Included “Repeated” Restroom Entry
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In Shuby v. Yale Univ., No. 3:25-CV-645 (AWT), 2026 WL 63352 (D. Conn. Jan. 8, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s disability and age discrimination claims under the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA). As to plaintiff’s disability discrimination claims, the court explained:…

Read More Citing “Stray Remarks” Doctrine, Court Dismisses Age, Disability Discrimination Claims
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In Burgess v. MTA Const. and Development Co., No. 160414/2024, 2026 WL 195519 (N.Y. Sup. Ct. Jan. 21, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: To plead a hostile work environment marred with…

Read More Hostile Work Environment Claims Survive Dismissal; Allegations Include Questioning About Sexual Orientation, Race, and Medical Condition
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In Chamale-Eustace v. State Univ. of New York at Stony Brook, et al. No. 2023–11413, 2026 WL 158303 (N.Y. App. Div. Jan. 21, 2026), the New York Supreme Court, Appellate Division, Second Department reversed a lower court’s decision, finding that plaintiff failed to state a claim for sex discrimination under 42 U.S.C. § 1983 and…

Read More Gender Discrimination, Asserted Under 42 U.S.C. § 1983 & the New York State Human Rights Law, Dismissed Due to Lack of “Adverse Employment Action”
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In Rojo v. Lakeview Sec. & Investigations, Inc., No. 24-CV-5729 (JPO), 2026 WL 83909 (S.D.N.Y. Jan. 12, 2026), the court granted plaintiff’s motion for default judgment on her sex discrimination claims under the New York State and City Human Rights Laws. From the decision: A party’s default is deemed to constitute a concession of all…

Read More Default Judgment on NYSHRL and NYCHRL Sex Discrimination Claims Awarded
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