Court: SDNY

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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In Toomey v. One Equity Partners, No. 24-CV-04088 (MMG), 2026 WL 458244 (S.D.N.Y. Feb. 18, 2026), the court denied defendant’s motion to compel arbitration under the Ending Forced Arbitration Act (“EFAA”). Initially, the court held that “a plaintiff may invoke the EFAA to avoid a mandatory arbitration provision by plausibly alleging a claim of sexual…

Read More Sexual Harassment Sufficiently Alleged Under NYCHRL; Motion to Compel Arbitration Denied Under EFAA
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In Schaffer v. GeneDx, LLC et al, No. 25 CIV. 2550 (DEH) (GS), 2026 WL 265338 (S.D.N.Y. Jan. 30, 2026), the court, inter alia, recommended that defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim under Title VII of the Civil Rights Act of 1964 be granted. From the decision: Even accepting Schaffer’s allegations…

Read More Sex-Based Hostile Work Environment Not Plausibly Alleged, Notwithstanding Micromanagement Allegations
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In Rojo v. Lakeview Sec. & Investigations, Inc., No. 24-CV-5729 (JPO), 2026 WL 83909 (S.D.N.Y. Jan. 12, 2026), the court granted plaintiff’s motion for default judgment on her sex discrimination claims under the New York State and City Human Rights Laws. From the decision: A party’s default is deemed to constitute a concession of all…

Read More Default Judgment on NYSHRL and NYCHRL Sex Discrimination Claims Awarded
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