Court: SDNY

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In Florence v. 72AndSunny Sunny Partners, LLC, No. 25-CV-7082 (LJL), 2026 WL 2254417 (S.D.N.Y. Aug. 5, 2026), the court, inter alia, held that plaintiff sufficiently alleged gender discrimination asserted under Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws. As to Title VII, the court…

Read More Sex Discrimination Claims Survive Dismissal; Allegations Include That Shortly Before Her Termination, Accounts and Direct Reports Were Transferred to Less-Qualified Male Employees
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In Dufour v. Havas Gemini, LLC, No. 25-CV-8915 (LAP), 2026 WL 2185298 (S.D.N.Y. July 29, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s failure-to-promote claim. From the decision: The only alleged incident within the limitations period of the Title VII and ADEA claims is Plaintiff’s termination. Even considering Plaintiff’s other allegations as…

Read More Discriminatory Failure-to-Promote Claim Dismissed; Plaintiff Did Not Allege That He Applied For the Position
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In Kerim v. ABM Industries et al, No. 24-CV-5599 (MMG) (HJR), 2026 WL 2030769 (S.D.N.Y. July 13, 2026), the court, inter alia, recommended that the court grant the defendants’ motion to compel arbitration under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”). From the decision: Even under the most liberal standard…

Read More EFAA Inapplicable, Motion to Compel Arbitration Granted
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In Cadet v. Macy’s, Inc., No. 22-CV-7406 (VSB), 2026 WL 1998595 (S.D.N.Y. July 10, 2026), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of race and national origin-based hostile work environment. As to the issue of whether the alleged conduct was sufficiently “severe” or “pervasive” under 42 USC § 1981…

Read More Race, National Origin Based Hostile Work Environment Claims Against Macy’s Survive Summary Judgment
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In Perelman v. Federal Reserve District Bank of New York, No. 1:25-CV-02125 (JLR), 2026 WL 1584729 (S.D.N.Y. June 3, 2026), the court, inter alia, dismissed plaintiff’s “hostile hiring environment” claim: Plaintiff also claims that Defendant created a “hostile hiring environment” under these same federal statutes by failing to hire him. AC ¶ 3. The Amended…

Read More Court Dismisses “Hostile Hiring Environment” Claim, as Plaintiff Never Worked For Defendant
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In Simonsen v. KSH Aviation LLC, No. 25-CV-00266 (MMG), 2026 WL 880383 (S.D.N.Y. Mar. 31, 2026), the court denied defendant’s motion to dismiss plaintiff’s claim of employment discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: To survive a motion to dismiss under Rule 12(b)(6), a complaint must plead…

Read More Title VII Discrimination, Unpaid Wage, and Breach of Contract Claims Survive Dismissal
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In Ashleigh, Theophania v. The Mount Sinai Hospital, 2026 WL 1133711 (S.D.N.Y. April 27, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s constructive discharge claim asserted under 42 U.S.C. § 1981. From the decision: Constructive discharge of an employee occurs when an employer, rather than directly discharging an individual, intentionally creates an…

Read More Race-Based Constructive Discharge Claim Sufficiently Alleged
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In a recent case, Jane Doe v. Leon Black, No. 23-CV-6418 (JGLC), 2026 WL 1102540 (S.D.N.Y. Apr. 23, 2026), a case arising under the New York City Victims of Gender-Motivated Violence Protection Law, the court considered and imposed sanctions against plaintiff and her counsel. Among other things, the court found that plaintiff’s counsel “lied repeatedly…

Read More Deletion of Twitter Account Gives Rise to Spoliation Sanctions in Lawsuit Against Leon Black
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In O’Donnell v. Magazzino Italian Art Foundation et al, No. 25-CV-2918 (JGLC), 2026 WL 880646 (S.D.N.Y. Mar. 31, 2026), the court – applying the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) – denied defendants’ motion to compel arbitration and stay the action. In sum, plaintiff asserts retaliation claims under Title…

Read More Applying EFAA, Court Denies Motion to Compel Arbitration of Male Plaintiff’s Retaliation Claims Arising From Complaints About Treatment of Women
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In Deitrick v. Inwood Farms, LLC, No. 22-CV-9466 (LAP), 2026 WL 879158 (S.D.N.Y. Mar. 31, 2026), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s disability discrimination claim asserted under the Americans with Disabilities Act (ADA). This case illustrates the application of the “stray remarks” doctrine in employment discrimination cases. From the…

Read More ADA Disability Discrimination Claim Dismissed; Exit Interview Remark Did Not Warrant Inference of Disrimination
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