Pleading

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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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In Equal Employment Opportunity Commission v. Sunrooms and More Design Center, Inc., No. CIV-24-01016-PRW, 2026 WL 483481 (W.D. Okla. Feb. 20, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized plaintiff’s allegations as follows: Shannon…

Read More Title VII Sex-Based Hostile Work Environment Claim Sufficiently Alleged, Court Finds
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In Eskinazi v. Corporate Subscription Management Services, LLC, No. 2:25-CV-04879 (BRM) (JRA), 2026 WL 445809 (D.N.J. Feb. 17, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claim(s). From the decision: To succeed on a hostile work environment claim, a “plaintiff must establish that 1) the employee suffered intentional discrimination…

Read More Hostile Work Environment Claim(s) Sufficiently Alleged; Evaluation of “Severe or Pervasive” Element Best Suited to Summary Judgment
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In Wilkinson v. Douglas Collins, Sec’y, U.S. Dep’t of Veterans Affs., No. 3:24-CV-01749-AP, 2026 WL 396526 (D. Or. Feb. 12, 2026), the court granted defendant’s motion to dismiss plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA), on the ground that plaintiff failed to exhaust administrative remedies. From the decision: Under…

Read More ADEA Age Discrimination Claim Dismissed for Failure to Exhaust Administrative Remedies
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In Egan v. Ballantyne Country Club, No. 3:25-CV-00373-KDB-DCK, 2026 WL 377867 (W.D.N.C. Feb. 11, 2026), the court, inter alia, dismissed plaintiff’s claim of quid pro quo sexual harassment under Title VII of the Civil Rights Act of 1964. From the decision: In her next claim, Egan alleges that BCC violated Title VII when Dougherty made…

Read More Quid Pro Quo Sexual Harassment Claim Dismissed; Court Cites Failure to Allege Exercise of Authority to Alter Term or Condition of Employment
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