Court: SDNY

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In Slmonsen 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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In Mikhail v. Metropolitan Transportation Authority, No. 24-CV-08367 (MMG), 2026 WL 880297 (S.D.N.Y. Mar. 31, 2026), the court denied defendant’s motion to dismiss plaintiff’s national origin discrimination and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff alleges that, of ten managers at his level in his…

Read More Title VII National Origin (Russian) Discrimination, Retaliation Claims Sufficiently Alleged
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In Waiguchu v. Morgan Stanley & Co. LLC, No. 1:25-CV-7443-GHW, 2026 WL 892069 (S.D.N.Y. Apr. 1, 2026), the court, inter alia, held that plaintiff did not plausibly plead conduct constituting sexual harassment for purposes of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA). In reaching this conclusion, the court…

Read More Allegations of Differential Treatment Based on Sex Was Not “Sexual Harassment” Sufficient to Trigger the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
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In Al-Rahman v. American Sugar Refining, Inc. et al, No. 23-CV-06589 (LAP), 2026 WL 848518 (S.D.N.Y. Mar. 26, 2026), the court considered whether and to what extent a settlement agreement (here, resolving employment discrimination claims) affects future claims. In sum, plaintiff alleged at the EEOC and in a lawsuit that defendants engaged in a pattern…

Read More Broad Settlement Agreement Resolving Discrimination Claims Prevented Use of Pre-Agreement Acts to Support Additional Claims, Court Holds
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In Breitling v. Amazon Web Services & Randy Bradley, No. 24-CV-4704, 2026 WL 810284 (S.D.N.Y. Mar. 23, 2026), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of national origin (Chilean) discrimination under the New York State and City Human Rights Laws. From the decision: Breitling has satisfied the first three…

Read More National Origin Discrimination Claims Survive Summary Judgment; Evidence Include Comments About Plaintiff’s Accent and Being “Argumentative” Due to Culture
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In Fagan v. Mount Vernon City School District et al, 7:25-cv-00927-VR, 2026 WL 851376 (SDNY March 27, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race/national origin claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: “In this Circuit, the sine qua non of a national…

Read More Title VII Race, National Origin Discrimination Claims Survive Dismissal; Transfer & Termination Occurred in the Context of a “Mosaic of Intentional Discrimination”
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