Pleading

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In Holsten v. Barclays Servs. LLC, No. 3:24CV844 (RCY), 2025 WL 2696991 (E.D. Va. Sept. 22, 2025), the court held that plaintiff sufficiently alleged a sex-based hostile work environment under Title VII of the Civil Rights Act of 1964 and, therefore, in accordance with the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act…

Read More Title VII Sex-Based Hostile Work Environment Sufficiently Alleged; Motion to Compel Arbitration Denied
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In Thompson v. Douglas A. Collins, Secretary of Veterans Affairs, 22-CV-4732 (EK)(SDE), 2025 WL 2962734 (E.D.N.Y. Oct. 2, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s gender-based discrimination (failure to promote, transfer) claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: On a failure-to-promote claim, “it…

Read More Title VII Sex Discrimination (Failure to Promote, Transfer) Claims Dismissed
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In a recent decision, Aubrey Drake Graham v. UMG Recordings, 25-CV-0399 (JAV), 2025 WL 287960 (S.D.N.Y. Oct. 9, 2025), the court, inter alia, dismissed rapper Drake’s complaint alleging defamation, arising from a lyric in a song (“Not Like Us”) accusing Drake of being a pedophile. Ultimately, the court ruled that the statement was nonactionable opinion.…

Read More Drake’s Defamation Complaint Dismissed; “Not Like Us” Statements Were Nonactionable Opinion
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In Singh v. Accutime Watch Corp., 24-CV-8007 (JPO), 2025 WL 2916135 (S.D.N.Y. Oct. 14, 2025), the court, inter alia, granted defendant’s motion to to dismiss plaintiff’s amended complaint asserting a hostile work environment claim under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York…

Read More National Origin, Religion-Based Hostile Work Environment Claims, Based on “Disproportionate Workload”, Dismissed
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In D’Agostino v. Detar, No. 952267/2023, 2025 WL 2896133 (N.Y. Sup Ct, New York County Oct. 09, 2025), the court, inter alia, held that plaintiff sufficiently alleged sexual harassment under the New York State and City Human Rights Laws. From the decision: As it relates to Juilliard, Plaintiff’s claims against Juilliard pursuant to NYSHRL are…

Read More Sexual Harassment Claims Against Julliard Survive Dismissal
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In Cassel v. Truss Communications, Inc., 2025 WL 2882054 (N.D.Okla. Oct. 9, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under the Americans with Disabilities Act. From the decision: The ADA recognizes certain mental health conditions as qualifying disabilities. See 29 C.F.R. 1630.2(h) (“mental impairment means ……

Read More ADA Hostile Work Environment Claim Dismissed; Mental Health, Obesity Not Shown to Qualify as Statutory “Disabilities”
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In Pagan v. Research Foundation of the City University of New York et al, No. 24-CV-6500 (RA), 2025 WL 2793685 (S.D.N.Y. Oct. 1, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of religion-based discrimination asserted under Title VII of the Civil Rights Act of 1964. This decision is a good example…

Read More Title VII Religion-Based Termination Claim Sufficiently Alleged
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In Lindsey v. Citigroup Global Markets Inc., 1:23-cv-10166-ALC, 2025 WL 2781281 (S.D.N.Y. Sept. 30, 2025), the court discussed and applied the “continuing violation” doctrine under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleges that she was subjected to a hostile work environment, commencing in 2007 with an alleged sexual assault,…

Read More Title VII Hostile Work Environment Claim Survives Motion to Dismiss; Applicability of “Continuing Violation” Doctrine Must Await Further Factual Development
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In Clermont v. OTG Concessions Management LLC, 24-cv-6590 (BMC), 2025 WL 2664022 (E.D.N.Y. Sept. 17, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation asserted under 42 U.S.C. § 1981. From the decision: To state a claim for retaliation under Section 1981, a plaintiff must plead: “(i) she engaged in…

Read More Section 1981 Retaliation Claim Survives Dismissal
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In Clermont v. OTG Concessions Management LLC, 24-cv-6590 (BMC), 2025 WL 2664022 (E.D.N.Y. Sept. 17, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under 42 U.S.C. § 1981. In sum, plaintiff, a Hispanic woman who worked as a JFK Airport barista, alleged (among other things) that her…

Read More Hispanic JFK Barista Sufficiently Alleges Race Discrimination Under 42 U.S.C. § 1981
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