D Motion to Dismiss Denied (Hostile Work Environment)

by

Smiling man in suit with rainbow bow tie Smiling man in suit with rainbow bow tie

In Palermo v. Luxor Staffing, Inc., No. 3:25-CV-00499, 2026 WL 300771 (M.D. Tenn. Feb. 4, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. The court summarized the following allegations from plaintiff’s complaint: 19. The harassment was both…

Read More Sexual Harassment Claim Survives Dismissal; Allegations Included Physical Assault and Verbal Harassment
Share This:
by

Green overlapping P and L monogram Green overlapping P and L monogram

In McGinnis v. Plamondon Enterprises, Inc. d/b/a Roy Rogers, No. 25-2138-BAH, 2026 WL 221694 (D. Md. Jan. 28, 2026), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff plainly alleges the first…

Read More Sex-Based Hostile Work Environment Claims Survive Dismissal; Allegations Included “Repeated” Restroom Entry
Share This:
by

Green quotation marks icon on black background Green quotation marks icon on black background

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
Share This:
by

Red triangular yield traffic sign Red triangular yield traffic sign

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
Share This:
by

Snowy entrance to 8th Street subway station Snowy entrance to 8th Street subway station

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
Share This:
by

Man in bow tie on courthouse steps Man in bow tie on courthouse steps

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
Share This:
by

Pospis Law PLLC green monogram logo Pospis Law PLLC green monogram logo

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
Share This:
by

Man in beige suit with colorful bow tie Man in beige suit with colorful bow tie

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
Share This:
by

Manhattan skyline at sunset Manhattan skyline at sunset

In Shimeles v. Fairfax County School Board, Civil Action No. 1:24-cv-474 (RDA/IDD), 2025 WL 2375203 (E.D.Va. Aug. 14, 2025), the court, inter alia, held that plaintiff sufficiently alleged a racially-hostile work environment, in violation of Title VII of the Civil Rights Act of  1964. From the decision: Unwelcome conduct rises to the level of being…

Read More Race-Based Hostile Work Environment Sufficiently Alleged; Court Cites Claimed Threat of Hanging by Noose
Share This:
by

Dark green PL monogram logo Dark green PL monogram logo

In Tracey Ellis, Jamar Mattox, and Eric King v. Oak Lawn Hyundai, Inc., d/b/a Happy Hyundai and Delila Dedic, 2025 WL 1940375 (N.D.Ill. July 15, 2025), the court, inter alia, denied defendant’s motion to dismiss a plaintiff’s race-based hostile work environment claim. From the decision: In Count II, King brings a claim for hostile work…

Read More Race-Based Hostile Work Environment Sufficiently Alleged, Even Though Some Conduct Was Not Directed at Plaintiff
Share This:
© 2026 Pospis Law, PLLC. All Rights Reserved.