Continuing Violation Doctrine

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In Farmer v. Mizuho Securities USA LLC, No. 151348/24, 2026 WL 1291338 (N.Y. App. Div. May 12, 2026), the New York Appellate Division, First Department reversed the lower court’s decision, and reinstated plaintiff’s claims of gender discrimination and hostile work environment under the New York State and City Human Rights Laws. From the decision: Plaintiff’s…

Read More Applying the Continuing Violation Doctrine, the First Department Reinstates NYS & NYC Human Rights Law Gender Discrimination and Hostile Work Environment Claims
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In Matthews v. United Airlines, Inc. et al, No. 2:25-CV-12895 (BRM) (LDW), 2026 WL 1283854 (D.N.J. May 11, 2026), the court, inter alia, held that plaintiff sufficiently alleged claims of sex-based discrimination and hostile work environment claim under Title VII of the Civil Rights Act of 1964 and the New Jersey Law Against Discrimination (NJLAD).…

Read More Hostile Work Environment Claim Sufficiently Alleged; Continuing Violation Doctrine Applied to Connect Sexual Harassment to Termination
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In Mendizabal v. Faria Meat Market LLC, No. 26-CV-062-JJM-AEM, 2026 WL 1025374 (D.R.I. Apr. 13, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: Ms. Mendizabal also claims that she was subject to a hostile work environment when she was subjected to unwelcome sexual…

Read More Hostile Work Environment Sexual Harassment Claim Continues; Continuing Violation Doctrine Applied
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In Keenan v. Bloomberg L.P., 2025 NY Slip Op 07224 (N.Y. App. Div. 1st Dept. Dec. 23, 2025), the court affirmed the lower court’s denial of defendant’s motion to dismiss plaintiff’s complaint alleging employment discrimination (including on disparate treatment and disparate impact theories). As to plaintiff’s disparate treatment claims, the court explained: Initially, we reject…

Read More Age, Sex Discrimination Claims Sufficiently Alleged Against Bloomberg L.P.
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In Lindsey v. Citigroup Global Markets Inc., 1:23-cv-10166-ALC, 2025 WL 2781281 (S.D.N.Y. Sept. 30, 2025), the court discussed and applied the “continuing violation” doctrine under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleges that she was subjected to a hostile work environment, commencing in 2007 with an alleged sexual assault,…

Read More Title VII Hostile Work Environment Claim Survives Motion to Dismiss; Applicability of “Continuing Violation” Doctrine Must Await Further Factual Development
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In Walls v. City of New York, No. 156492/2024, 2025 WL 697108 (N.Y. Sup Ct, New York County Mar. 04, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claim on statute of limitations grounds. In doing so, the court applied the “continuing violation doctrine”: Defendants argue that Plaintiff’s claims…

Read More Applying “Continuing Violation Doctrine”, Court Rejects Statute of Limitations Challenge to Hostile Work Environment Claims
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In King v. Aramark Services Inc., No. 22-1237, 2024 WL 1188985 (2d Cir. March 20, 2024), the court, inter alia, vacated the summary judgment dismissal of plaintiff’s claim of sex-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. This decision discusses and applies the “continuing violation doctrine”, which operates…

Read More 2d Circuit Vacates Dismissal of Sex-Based Title VII Sex-Based Hostile Work Environment Claim on Timeliness Grounds
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In Stein v. Town of Greenburgh et al, No. 21-CV-05673 (PMH), 2023 WL 2432574 (S.D.N.Y. March 8, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. Here’s the core of court’s decision on that point: A claim…

Read More Title VII Sex-Based Hostile Work Environment Claim Survives Dismissal; “Continuing Violation” Doctrine Applied
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In Hortas v. Weill Cornell Medical College, No. 162604/2019, 2022 WL 17325643 (N.Y. Sup Ct, New York County Nov. 29, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s constructive discharge/sexual harassment/hostile work environment claim on timeliness grounds. From the decision: A liberal reading of plaintiff’s complaint shows she alleged sexual harassment by…

Read More Constructive Discharge Claim, Based on Allegations of Hostile Work Environment/Sexual Harassment, Sufficiently Alleged
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In Klymn v. Monroe County Supreme Court et al, 2022 WL 16950048 (W.D.N.Y. Nov. 15, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted against a former New York State Supreme Court Judge. As to the sufficiency of the allegations, the court explained: Lastly, having…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal Against Former Judge; Acts Dating Back to 2005 May be Considered
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