Sexual Orientation / LGBTQ Discrimination

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In Salvetti v. Hillside Children’s Center, No. 24-CV-6586-FPG, 2026 WL 2294388 (W.D.N.Y. Aug. 10, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s complaint alleging sexual orientation discrimination under the New York State Human Rights Law. From the decision: Hostile work environment claims under both [federal law] and the NYSHRL are governed by…

Read More NYSHRL Sexual Orientation Discrimination Claim Dismissed; Court Cites Plaintiff’s Failure to Identify Comparators
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In Sharpe-Miller v. Walmart, Inc., No. 24-2055, 2026 WL 2015375 (10th Cir. July 13, 2026), the court, inter alia, reversed the district court’s award of summary judgment to defendant on plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964. Specifically, the court held that plaintiff provided evidence that he…

Read More Title VII Hostile Work Environment Claim Improperly Dismissed; District Court Disregarded Relevant Evidence
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In Cato v. Mission Rock Residential, LLC, No. CV ELH-25-3703, 2026 WL 1745726 (D. Md. June 17, 2026), the court, inter alia, held that plaintiff failed to state a claim of hostile work environment on the basis of her sexual orientation, gender identity, or transgender status under Title VII of the Civil Rights Act of…

Read More Hostile Work Environment Claim Dismissed; Alleged Increased Monitoring, “Ghetto” Comment Insufficient
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In Simmons v. Baccarat Inc., No. 651516/2023, 2026 WL 1538161 (N.Y. Sup. Ct. May 26, 2026), the court granted plaintiff’s motion for leave to amend their complaint alleging employment discrimination. Initially, the court denied plaintiff’s motion to reargue the court’s June 23, 2025 decision and order granting defendants’ motion to dismiss plaintiff’s original complaint, which…

Read More Motion to Amend Discrimination Complaint Granted; Pleading Deficiencies Cured
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In Leshchenko v. Go New York Tours, Inc., No. 162179/2025, 2026 WL 1269950 (N.Y. Sup. Ct. May 04, 2026), the court denied defendant’s motion to dismiss plaintiff’s sexual orientation-based discrimination claims asserted under the New York State and City Human Rights Laws. The court summarized the facts as follows: Plaintiff, who is gay, began working…

Read More Sexual Orientation Discrimination Claims Survive Dismissal; Allegations Included Relocating Gay Plaintiff to Close Proximity of Coworker Who Used Homophobic Slur
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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 Wheat v. Vichie, No. 158627/2024, 2025 WL 3089438 (N.Y. Sup. Ct. Nov. 03, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of discrimination asserted under the New York State and City Human Rights Laws. From the decision: The only allegations Plaintiff makes that would go towards a discrimination claim based…

Read More Display of Nazi Material Insufficient to State Discrimination Claims, Court Holds
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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 Abraham v. New York City, No. 154577/2024, 2025 WL 1907928 (N.Y. Sup Ct, New York County July 10, 2025), the court, inter alia, held that the “joint employer” doctrine did not apply, and thus granted defendants’ motion to dismiss plaintiff’s employment discrimination claims against defendants New York City and the New York City Department…

Read More Joint Employment Doctrine Held Not to Apply to Municipal Defendants
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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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