Employment Discrimination

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In Rubin v. Morrison & Foerster, No. 155986/2024, 2026 WL 2923238 (N.Y. Sup. Ct. Sep. 17, 2026), an employment discrimination case, the court discussed and applied the “after acquired evidence doctrine.” In sum, plaintiff alleges that he was subject to discrimination based on his disability (including failure to accommodate and termination). This decision concerns plaintiff’s…

Read More Court Rejects After-Acquired Evidence Defense Justification for Discovery of Former Employers; Subpoena Quashed
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In Senderowitz v. Touro University, No. 160270/2025, 2026 WL 3027432 (N.Y. Sup. Ct. Sep. 28, 2026), the court denied defendant’s motion to dismiss plaintiff’s claim of retaliation under the New York State Human Rights Law. From the decision: To state a claim for retaliation under the NYSHRL, a plaintiff must allege that she engaged in…

Read More Retaliation Claim Sufficiently Alleged; Termination Without Notice Followed EEOC Complaint
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In Roman v. The Dept. of Educ. of the City of New York, No. 527576/2025, 2026 WL 2959089 (N.Y. Sup. Ct. Sep. 15, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of retaliation asserted under the New York State and City Human Rights Laws. From the decision: Pursuant to Executive Law…

Read More Retaliation Claims Dismissed; Termination Followed Disclosure of Student’s Confidential Information to the NYS Division of Human Rights
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In Seawright v. Andrea R. Lucas, No. 26-CV-03444-TSH, 2026 WL 2970365 (N.D. Cal. Oct. 2, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s – a queer transgender man – hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: The Court need not decide…

Read More Title VII Hostile Work Environment Claim, Asserted by Transgender Man, Survives Dismissal
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In Hardmon v. SNF Mor LLC d/b/a Avardis Health et al, No. 4:25-CV-203-DMB-JMV, 2026 WL 2970552 (N.D. Miss. Sept. 30, 2026), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s sexually hostile work environment claim under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law, the court applied it…

Read More Title VII Sexual Harassment Claim Dismissed; Comments About Sex Drive Etc. Insufficient
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In Diaz-Roa v. Hermes L., P.C., No. 24-3223-CV, 2026 WL 2931801 (2d Cir. Sept. 30, 2026), the U.S. Court of Appeals for the Second Circuit broadly interpreted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”). From the decision: In 2022, the President signed the [EFAA]. When properly invoked, the EFAA enables…

Read More 2nd Circuit Broadly Interprets the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act
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In Spicer v. J. Steven Sheldon et al, No. 1:25-CV-00029, 2026 WL 2920290 (N.D. Ohio Sept. 29, 2026), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights At of 1964. From the decision: Spicer suggests that Captain Sweat targets female…

Read More Title VII Hostile Work Environment Claim Dismissed; General Abrasiveness Did Not Amount to Gender Bias
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In Lynch v. Elite Ambulance Company, No. 2:25-CV-427-TLS-JEM, 2026 WL 2820020 (N.D. Ind. Sept. 14, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of national origin discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: The Complaint alleges that the Plaintiff is Hispanic and that…

Read More Title VII National Origin Discrimination Claim, Arising From Termination of Hispanic Employee, Survives Dismissal
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In Saunders v. Albertsons/Safeway, LLC et al, No. 24-CV-00814-PAB-SBP, 2026 WL 2819757 (D. Colo. Sept. 18, 2026), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: The crux of Ms. Saunders’ factual support for a…

Read More Hostile Work Environment Claim Dismissed on Summary Judgment; “Bitch” Comment Insufficient
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In Raylane v. Integra Staffing Services, Inc. & Republic Services, Inc., No. 3:24-CV-3051-X, 2026 WL 2790785 (N.D. Tex. Sept. 17, 2026), the court, inter alia, held that plaintiff sufficiently alleged retaliation under Title VII of the Civil Rights Act of 1964. The court summarized the facts as follows: Integra provides temporary staffing to various companies,…

Read More Title VII Retaliation Claims, Arising From Termination Following Complaint of Alleged Sexual Harassment, Sufficiently Alleged Against Staffing Agency & Company
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