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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 Pell v. Yonkers City School District, 2025 WL 2084739 (S.D.N.Y. July 24, 2025), the court granted defendant’s motion to dismiss plaintiff’s race discrimination under 42 U.S.C. § 1981. From the decision: Plaintiff’s Section 1981 is deficient because she does not plausibly allege facts that show her purported mistreatment was because of her race. Although…

Read More Section 1981 Claim Dismissed; Factual Support For Race-Based Discrimination Lacking
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In Dominguez v. Malecon Shipping, Inc., No. 510129/2018, 2025 WL 2084852 (N.Y. Sup Ct, Kings County July 23, 2025), the court issued a decision following an inquest on plaintiff’s claims of failure to pay wages (minimum wage) and pregnancy discrimination. At this procedural stage of the case, since this matter was on for inquest, liability…

Read More Court Awards Damages to Pregnancy Discrimination Plaintiff Following Inquest on Damages
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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 Hicks v. CEC Entertainment Holdings I, Inc., 2025 WL 1770787 (D.Del. June 26, 2025), the court denied defendant’s motion to dismiss plaintiff’s retaliation claim, premised on the plaintiff’s termination following her complaint about alleged wrongful activities by her immediate supervisor, including sexual harassment of female employees. Specifically, the court held that plaintiff’s claims fell…

Read More Retaliation Claim, Arising From Termination Following Complaint of Sexual Harassment, Survives Dismissal; EFAA Applied
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In New York, a severance agreement is a legally binding contract between an employer and an employee that outlines the terms of their separation. While New York law doesn’t mandate severance pay, if offered, these agreements typically include several key components, which are outlined below.  1. $everance Pay: Amount: This is often the most significant…

Read More Elements of a Severance Agreement in New York Employment Cases
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In Nurbolatova v. Universal Enterprise LLC, No. 500919/2022, 2025 WL 1930217, 2025 N.Y. Slip Op. 32497(U) (N.Y. Sup Ct, Kings County July 10, 2025), the court granted defendant’s motion to dismiss plaintiff’s employment discrimination claims asserted under the New York State and City Human Rights Laws. From the decision: A plaintiff alleging discrimination in violation…

Read More Employment Discrimination Claims Dismissed; Pretext Not Shown
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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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As defamation has received some attention in the news lately, it is worthwhile to step back and consider what, exactly, defamation is. Defamation in New York law, encompassing both libel (written) and slander (spoken), protects individuals and entities from false statements that harm their reputation. The legal landscape of defamation in New York is significantly…

Read More Asserting a Defamation Claim in New York
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In Carrasco v. Metropolitan Transit Authority, 2025 WL 1939052 (S.D.N.Y., July 15, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation asserted under the New York Labor Law. The court summarized, and applied, the law as follows: A plaintiff alleging retaliation under the NYLL must first show “(1) [plaintiff’s] participation…

Read More NY Labor Law Retaliation Claim Survives Dismissal
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