D Motion to Dismiss Denied (Employment Discrimination)

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In Leshchenko v. Go New York Tours, Inc., No. 162179/2025, 2026 WL 1269950 (N.Y. Sup. Ct. May 04, 2026), the court denied defendant’s motion to dismiss plaintiff’s sexual orientation-based discrimination claims asserted under the New York State and City Human Rights Laws. The court summarized the facts as follows: Plaintiff, who is gay, began working…

Read More Sexual Orientation Discrimination Claims Survive Dismissal; Allegations Included Relocating Gay Plaintiff to Close Proximity of Coworker Who Used Homophobic Slur
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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 Osei v. The Bookdale Hospital Medical Center et al, No. 25-CV-3893 (NGG) (JRC), 2026 WL 1133246 (E.D.N.Y. Apr. 27, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s religion-based discrimination claim asserted  under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law (NYSHRL), and the…

Read More Title Religion-Based Discrimination Claim Sufficiently Alleged Against Brookdale Hospital Medical Center
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In Brown v. Winston Staffing LLC, No. 159405/2025, 2026 WL 964813 (N.Y. Sup. Ct. Apr. 07, 2026), the court denied defendant’s motion to dismiss plaintiff’s claim of disability discrimination asserted under the New York State Human Rights Law. From the decision: Plaintiff has a long-term injury to her left foot which causes her to walk…

Read More Disability Discrimination Claim Sufficiently Alleged; Allegations Included Mocking of Plaintiff’s Foot Injury
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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 Hines v. Leafguard Holdings Inc., No. 25-CV-00306-LKG, 2026 WL 776078 (D. Md. Mar. 19, 2026), the court, inter alia, the court declined to dismiss plaintiff’s race- and sex-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964. After dismissing plaintiff’s Pregnancy Discrimination Act discrimination claim, the court proceeded…

Read More Title VII Race and Sex-Based Hostile Work Environment Claims Survive Dismissal
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In Neel v. New York University, No. 655743/2023, 2026 WL 623701 (N.Y. Sup. Ct. Feb. 26, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of discrimination under the New York State and City Human Rights Laws. From the decision: To state a claim for discrimination under NYSRHL and NYCHRL a plaintiff…

Read More Religion-Based Discrimination Claims Survive Dismissal Against New York University
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In Gates, Nicole v. New York City Human Resources Administration, No. 24-CV-5310 (NRM), 2026 WL 523115 (E.D.N.Y. Feb. 25, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. After determining that plaintiff sufficiently alleged that they were subjected to…

Read More Title VII Race Discrimination Sufficiently Alleged; Allegations Included Use of “Racially Charged Code Words”
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In Pablo Munoz, Jr. v. Dart Container Corp. of Illinois, No. 25 CV 8707, 2026 WL 458453 (N.D. Ill. Feb. 18, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race- and national origin-based hostile work environment claims. From the decision: A complaint alleging discrimination under Title VII need only aver that the…

Read More Race, National Origin Hostile Work Environment Claims Sufficiently Alleged, Court Holds
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In Keenan v. Bloomberg L.P., 2025 NY Slip Op 07224 (N.Y. App. Div. 1st Dept. Dec. 23, 2025), the court affirmed the lower court’s denial of defendant’s motion to dismiss plaintiff’s complaint alleging employment discrimination (including on disparate treatment and disparate impact theories). As to plaintiff’s disparate treatment claims, the court explained: Initially, we reject…

Read More Age, Sex Discrimination Claims Sufficiently Alleged Against Bloomberg L.P.
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