D Motion to Dismiss Denied (Employment Discrimination)

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In Coleman v. Telles, No. 2:24-CV-00930-APG-MDC, 2025 WL 2962786 (D. Nev. Oct. 16, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act (ADEA). From the decision: The ADEA makes it unlawful to “discriminate against any individual with respect to his compensation,…

Read More ADEA Age Discrimination Claim Survives Dismissal; Allegations Included “Old Timer” Comment
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In Garcia v. Westhampton Primary Care, 2:23-cv-4319 (NJC) (ST), 2025 WL 2494357 (E.D.N.Y. Aug. 30, 2025), the court, inter alia, held that plaintiff plausibly alleged claims of hostile work environment under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. The court summarized, and applied, the law…

Read More Hostile Work Environment, Retaliatory Hostile Work Environment Claims Survive Dismissal
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In Nazath v Our Lady of Consolation Nursing & Rehabilitative Care Center, No. 2023-06250, 615567/22, 2025 N.Y. Slip Op. 04796, 2025 WL 2458592 (App. Div. 2 Dept. Aug. 27, 2025), the Appellate Division, Second Department affirmed the lower court’s denial of defendant’s motion to dismiss plaintiff’s claims of disability discrimination and retaliation in violation of…

Read More Perceived-Disability Discrimination & Retaliation Claims Survive Dismissal, 2nd Dept. Holds
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In Tardiff v. Laborers International Union of North American Local Union 609 et al, 2025 WL 2374000 (D.Mass. Aug. 15, 2025), the court, inter alia, held that plaintiff sufficiently alleged sexual harassment under Massachusetts state law and Title VII of the Civil Rights Act of 1964. From the decision: Ms. Tardiff has alleged that Mr.…

Read More Hostile Work Environment Sexual Harassment Claims Survive Dismissal; Allegations Include Disparaging Comments and Brandishing Firearm
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In Pankonin v. Southeast Community College Area, 4:24-CV-3229, 2025 WL 1898086 (D.Neb. July 9, 2025), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. The court summarized the facts, and explained its application of the law to said…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal; Allegations Included Unwanted Touching and Explicit Sexual Propositioning
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In Edwards, Robert v. JBS Souderton, Inc., CIVIL ACTION No. 23-1789, 2025 WL 1888204 (E.D.Pa. July 8, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim, based on the alleged use of a racial slur, in violation of 42 U.S.C. § 1981. From the decision: To state a…

Read More Race-Based Hostile Work Environment Claim, Based on Alleged Use of “Moyo” Slur, Survives Motion to Dismiss
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In O’Reilly v. The Institute For Cancer Research, 2025 WL 1534969 (E.D.Pa. May 29, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s quid pro quo sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Quid pro quo sexual harassment occurs when an employee experiences…

Read More Quid Pro Quo Sexual Harassment Claim Survives Dismissal
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In Fields v. Louis DeJoy, in his official capacity as Postmaster General of the United States, Case No.: 7:24-cv-01182-RDP, 2025 WL 1436563 (N.D.Ala. May 19, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision:…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal
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In Matlock v. Board of Trustees of University of Illinois, 2025 WL 1359068 (N.D.Ill. May 9, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age-based hostile work environment claim. From the decision: The next question is whether, considering the above evidentiary limitations, Plaintiff has plausibly alleged that she was subjected to a…

Read More Age-Based Hostile Work Environment Claim Survives Dismissal
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In Khurana v. City of New York, No. 152921/2024, 2025 WL 1085410 (N.Y. Sup Ct, New York County Apr. 10, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of disability discrimination under the New York City Human Rights Law (NYCHRL). From the decision: To state a claim of disability discrimination under…

Read More NYCHRL Disability Discrimination Claim Survives Dismissal; Denial of Overtime, Promotion Was Sufficiently Disadvantageous
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