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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 Blanchard v. Kiewit Power Constructors Co., No. 1:25-CV-423, 2026 WL 587674 (N.D.N.Y. Mar. 3, 2026), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the Americans with Disabilities Act (ADA). From the decision; With respect to defendant’s exhaustion of administrative remedies argument, plaintiff indeed did not assert a hostile work environment…

Read More ADA Hostile Work Environment Claim Dismissed; PTSD Comments Were “Offensive” But Not “Extraordinarily Severe”
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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 Nielsen v. Seven Seventeen Credit Union, Inc. et al, No. 4:24-CV-00579, 2026 WL 554525 (N.D. Ohio Feb. 27, 2026), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s quid pro quo sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Initially, the court held that plaintiff…

Read More Sexual Harassment (Quid Pro Quo, Hostile Work Environment) Claims Dismissed
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In Krcishta v. 1745 East 12th Street LLC, No. 523841-2017, 2026 WL 416309 (N.Y. Sup. Ct. Feb. 11, 2026), the court, inter alia, denied defendants’ motion for summary judgment dismissing plaintiff’s claims for disability discrimination and failure to accommodate disability under the New York State and City Human Rights Laws. From the decision: An employer…

Read More Disability Discrimination, Failure to Accommodate Claims Survive Summary Judgment
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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 Gates, Nicole v. New York City Human Resources Administration, No. 24-CV-5310 (NRM), 2026 WL 523115 (E.D.N.Y. Feb. 25, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. After determining that plaintiff sufficiently alleged that they were subjected to…

Read More Title VII Race Discrimination Sufficiently Alleged; Allegations Included Use of “Racially Charged Code Words”
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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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