Court: D.Nev. – Pospis Law, PLLC

January 31, 2026 by mjpospis

Motion to Compel Arbitration of Retaliation Claim, Based on Reporting of Sexual Harassment, Denied Upon Application of EFAA

In Cliff v. FreedomRoads, LLC, No. 3:25-CV-00296-CSD, 2026 WL 125625 (D. Nev. Jan. 16, 2026), the court denied defendant’s motion to compel arbitration under the Ending Forced Arbitration Act (“EFAA”). The court dismissed plaintiff’s hostile work environment claim. Defendant argued that this precluded the application of the EFAA. Not so, held the court: Defendant’s argument…

Race, Color, Gender Discrimination Claims Dismissed Against American Airlines; Plaintiff Granted Leave to Amend Complaint

In Brantley v. American Airlines, Inc., 2025 WL 1837472 (D.Nev. July 3, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race, color, or gender discrimination claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: Brantley’s complaint also contains a Title VII discrimination claim on the theory…

Retaliation Claim Sufficiently Alleged, Notwithstanding Dismissal of Underlying Sexual Harassment Claim

In Sharp v. S&S Activewear, LLC, 2021 WL 5826310 (D.Nev. Dec. 8, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation. This case illustrates that a retaliation claim may succeed even where the underlying allegations constituting “protected activity” – here, a claim of sexual harassment based on, among other things, allegedly misogynistic…