Sex / Gender Discrimination

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In Rachwalski v. Pamela Bondi et al, 2025 WL 2432162 (S.D.Ind. Aug. 21, 2025), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Right Act of 1964. From the decision: Title VII prohibits employers from discriminating against employees based on…

Read More Sex-Based Hostile Work Environment Claim Dismissed; Alleged Conduct Was Not Objectively Offensive Nor Severe or Pervasive
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In Smith v. Boehringer Ingelheim Pharmaceuticals, LLC, 2025 WL 2403042 (D.Conn. Aug. 19, 2025), the court granted the defendant’s motion to compel arbitration of plaintiff’s sex-based hostile work environment claim under Title VII of Civil Rights Act of 1964. Specifically, the court held that plaintiff’s claims did not implicate the protections of the Ending of…

Read More Sex-Based Hostile Work Environment Not Plausibly Alleged, EFAA Did Not Apply, Arbitration Compelled
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In Tardiff v. Laborers International Union of North American Local Union 609 et al, 2025 WL 2374000 (D.Mass. Aug. 15, 2025), the court, inter alia, held that plaintiff sufficiently alleged sexual harassment under Massachusetts state law and Title VII of the Civil Rights Act of 1964. From the decision: Ms. Tardiff has alleged that Mr.…

Read More Hostile Work Environment Sexual Harassment Claims Survive Dismissal; Allegations Include Disparaging Comments and Brandishing Firearm
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In Erazo v. IGH Restoration LLC, 23 Civ. 3982 (DEH), 2025 WL 2298712 (S.D.N.Y. Aug. 8, 2025), concerning alleged sexual harassment, the court denied defendants’ motion for summary judgment on plaintiff’s claims under Title VII of the Civil Rights Act of 1964. Specifically, this decision discusses the issue of whether a defendant is considered an…

Read More Sexual Harassment Plaintiff Presents Sufficient Evidence to Create Triable Issue as to Whether Defendant is a Title VII “Employer”
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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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