D Motion to Dismiss Denied (Hostile Work Environment)

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In Eberra v. Walmart Associates, Inc. et al, No. 25-2307-DDC-ADM, 2026 WL 555378 (D. Kan. Feb. 27, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliatory hostile work environment claim under 42 U.S.C. § 1981. From the decision: The court thus starts by determining whether plaintiff has stated a plausible retaliatory-hostile-work-environment claim.…

Read More Retaliatory Hostile Work Environment Claims Sufficiently Alleged Under 42 U.S.C. § 1981 Against Walmart and Individual Defendants, Court Holds
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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 Equal Employment Opportunity Commission v. Sunrooms and More Design Center, Inc., No. CIV-24-01016-PRW, 2026 WL 483481 (W.D. Okla. Feb. 20, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized plaintiff’s allegations as follows: Shannon…

Read More Title VII Sex-Based Hostile Work Environment Claim Sufficiently Alleged, Court Finds
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In Revan v. University of Denver Department of Campus Safety, No. 25-CV-00528-NYW-CYC, 2026 WL 376809 (D. Colo. Feb. 11, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To state a prima facie claim for…

Read More Title VII Sex & Race Based Hostile Work Environment Sufficiently Alleged
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In Burgess v. MTA Const. and Development Co., No. 160414/2024, 2026 WL 195519 (N.Y. Sup. Ct. Jan. 21, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: To plead a hostile work environment marred with…

Read More Hostile Work Environment Claims Survive Dismissal; Allegations Include Questioning About Sexual Orientation, Race, and Medical Condition
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In Samah v. Takeda Pharmaceuticals U.S.A., Inc., No. 1:25-CV-10158-JEK, 2026 WL 63399 (D. Mass. Jan. 8, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claims. From the decision: Counts 5 and 9 assert that Takeda violated Title VII and Chapter 151B, respectively, by subjecting Samah to a racially…

Read More Race-Based Hostile Work Environment Claims Survive Dismissal
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In Holsten v. Barclays Servs. LLC, No. 3:24CV844 (RCY), 2025 WL 2696991 (E.D. Va. Sept. 22, 2025), the court held that plaintiff sufficiently alleged a sex-based hostile work environment under Title VII of the Civil Rights Act of 1964 and, therefore, in accordance with the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act…

Read More Title VII Sex-Based Hostile Work Environment Sufficiently Alleged; Motion to Compel Arbitration Denied
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In Varney v. Health Carousel, LLC, Case No. 1:24-cv-624, 2025 WL 2605783 (S.D.Ohio Sept. 9, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s pregnancy/lactation-related hostile work environment constructive discharge claim asserted under Title VII of the Civil Rights Act of 1964. This decision underscores that, when evaluating hostile work environment claims, it…

Read More Pregnancy/Lactation-Related Hostile Work Environment Claims Survive Dismissal
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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 Dupray v. NY Loft, LLC and Ana Sternberg, Civil Action No. 25-229, 2025 WL 2393375 (D.N.J. August 18, 2025), the court denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under the New Jersey Law Against Discrimination (NJLAD). From the decision: Defendants move to dismiss Plaintiff’s NJLAD hostile work environment claim. “Claims…

Read More Hostile Work Environment Claim, Based on Display of Sexually Graphic Photograph, Survives Dismissal
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