Sex / Gender Discrimination

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In Udoh v. NYC Dept. of Probation, 24-cv-03982 (ER), 2025 WL 219961 (S.D.N.Y. Aug. 1, 2025), the court dismissed plaintiff’s sex discrimination claim asserted under Title VII of the Civil Rights Act of 1964, because plaintiff did not “administratively exhaust” that claim before the U.S. Equal Employment Opportunity Commission. From the decision: The Court finds…

Read More Court, Applying the “Administrative Exhaustion” Doctrine, Dismisses Title VII Sex Discrimination Claim
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In Margarita v Mountain Time Health, LLC, No. 2023-07450, 527470/22, 2025 N.Y. Slip Op. 04089, 2025 WL 1888542 (N.Y.A.D. 2 Dept., July 09, 2025), the New York Appellate Division, Second Department, affirmed the lower court’s order granting defendants’ motion to dismiss plaintiff’s gender-based discrimination under the New York State and Human Rights Laws. From the…

Read More Citing Other Employees’ Contemporaneous Termination, 2nd Dept. Upholds Dismissal of Employment Discrimination Claims
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In Thomas v. Poo Bah Enterprises, Inc., d/b/a Rick’s Cabaret Chicago, No. 25-cv-77, 2025 WL 2084159 (N.D.Ill. July 24, 2025), the court explained and clarified the pleading standard is contemplated by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 in the context of a sexual harassment dispute. Here, plaintiff –…

Read More Court Adopts NY Federal Court’s Interpretation of EFAA in Retaliation/Sexual Harassment Case
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In McConkey v. The Churchill School and Center, 24-cv-6091 (LJL), 2025 WL 2062195 (S.D.N.Y. July 23, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of sexual orientation discrimination asserted in violation of Title VII of the Civil Rights Act of 1964. From the decision: Given Plaintiff’s minimal burden at the motion…

Read More Sexual Orientation Discrimination Claims Survive Dismissal
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In Breiding v. High Hopes Films, LLC, No. 152385/2023, 2025 WL 1994466 (N.Y. Sup Ct, New York County July 16, 2025), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of hostile work environment, sexual harassment, and gender discrimination claims asserted under the New York State and City Human Rights Laws.…

Read More Hostile Work Environment, Sexual Harassment, Discrimination Claims Survive Summary Judgment
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In Spann v. FedEx Freight, Inc., 2025 WL 1938355 (5th Cir. July 15, 2025), the U.S. Court of Appeals for the Fifth Circuit, inter alia, affirmed the lower court’s grant of summary judgment on plaintiff’s race- and gender-based hostile work environment claims. From the decision: A hostile work environment claim is composed of a series…

Read More Race, Gender Hostile Work Environment Claims Properly Dismissed: Fifth Circuit
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In Pankonin v. Southeast Community College Area, 4:24-CV-3229, 2025 WL 1898086 (D.Neb. July 9, 2025), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. The court summarized the facts, and explained its application of the law to said…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal; Allegations Included Unwanted Touching and Explicit Sexual Propositioning
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In Emilio Garcia v. ROC Nation LLC et al, 1:24-cv-7587-GHW, 2025 WL 1865965 (S.D.N.Y. July 2, 2025), the court, inter alia, held that plaintiff – a cameraman working in rapper Megan Thee Stallion’s (a/k/a Megan Pete) entourage – sufficiently alleged sexual orientation-based discrimination/hostile work environment. The court summarized the facts, in pertinent part, as follows:…

Read More Megan Thee Stallion Cameraman Plausibly Alleges Sexual Orientation-Based Hostile Work Environment, Court Holds
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In Brantley v. American Airlines, Inc., 2025 WL 1837472 (D.Nev. July 3, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race, color, or gender discrimination claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: Brantley’s complaint also contains a Title VII discrimination claim on the theory…

Read More Race, Color, Gender Discrimination Claims Dismissed Against American Airlines; Plaintiff Granted Leave to Amend Complaint
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In Shinn v. Pennsylvania School Boards Association, CIVIL NO. 1:23-cv-02097, 2025 WL 1839494 (M.D.Pa. July 3, 2025), the court, inter alia, granted 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: Here, Shinn’s alleged workplace harassment was neither…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed; Leave to Amend Complaint Granted
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