Employment Discrimination

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In Wilkinson v. Douglas Collins, Sec’y, U.S. Dep’t of Veterans Affs., No. 3:24-CV-01749-AP, 2026 WL 396526 (D. Or. Feb. 12, 2026), the court granted defendant’s motion to dismiss plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA), on the ground that plaintiff failed to exhaust administrative remedies. From the decision: Under…

Read More ADEA Age Discrimination Claim Dismissed for Failure to Exhaust Administrative Remedies
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In Egan v. Ballantyne Country Club, No. 3:25-CV-00373-KDB-DCK, 2026 WL 377867 (W.D.N.C. Feb. 11, 2026), the court, inter alia, dismissed plaintiff’s claim of quid pro quo sexual harassment under Title VII of the Civil Rights Act of 1964. From the decision: In her next claim, Egan alleges that BCC violated Title VII when Dougherty made…

Read More Quid Pro Quo Sexual Harassment Claim Dismissed; Court Cites Failure to Allege Exercise of Authority to Alter Term or Condition of Employment
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In Swanson v. Dr. Don Chapman, DDS, PLLC, No. CV 24-1622, 2026 WL 318971 (W.D. Pa. Feb. 6, 2026), a sexual harassment case, the court denied defendants’ motion in limine to exclude two instances of alleged sexual misconduct. The court held that the evidence was relevant under Federal Rule of Evidence 401, and not subject to…

Read More Motions in Limine Denied; Sexual Harassment Evidence Was Relevant and Not Unfairly Prejudicial
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In Watkins v. Wesley Homes, No. 2:25-CV-00290-LK, 2026 WL 353262 (W.D. Wash. Feb. 9, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim of religious discrimination under Title VII of the Civil Rights Act of 1964. From the decision: Title VII makes it “an unlawful employment practice for an employer…to discriminate against…

Read More Title VII Religious Discrimination, Constructive Discharge Claims Dismissed
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In Schwartz v. J. Nazmiyal, Inc., No. 151276/2025, 2026 WL 301047 (N.Y. Sup. Ct. Jan. 28, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of employment discrimination. From the decision: Defendants argue that plaintiff cannot establish the fourth necessary element, that an adverse action occurred under circumstances giving rise to an…

Read More Race Discrimination Sufficiently Alleged; Comparators Not a Mandatory Requirement
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In Melton v. I-10 Truck Ctr. Inc., No. 23-14175, 2026 WL 319183 (11th Cir. Feb. 6, 2026), the U.S. Court of Appeals for the 11th Circuit vacated the lower court’s decision awarding defendant summary judgment on plaintiff’s claim of a racially hostile work environment under 42 U.S.C. § 1981. From the decision: To prevail on…

Read More Racially Hostile Work Environment Claim Resurrected From Summary Judgment Dismissal; Evidence Included Use of Racial Slur “Boy”
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In Cliff v. FreedomRoads, LLC, No. 3:25-CV-00296-CSD, 2026 WL 125625 (D. Nev. Jan. 16, 2026), the court denied defendant’s motion to compel arbitration under the Ending Forced Arbitration Act (“EFAA”). The court dismissed plaintiff’s hostile work environment claim. Defendant argued that this precluded the application of the EFAA. Not so, held the court: Defendant’s argument…

Read More Motion to Compel Arbitration of Retaliation Claim, Based on Reporting of Sexual Harassment, Denied Upon Application of EFAA
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In Stashak v. Phreesia, Inc., No. 25-CV-3808 (JMF), 2026 WL 249631 (S.D.N.Y. Jan. 30, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under the Age Discrimination in Employment Act (ADEA). From the decision: To bring a hostile work environment claim under the ADEA, a plaintiff “must show…

Read More Age-Based Hostile Work Environment Claim Sufficiently Alleged; Allegations Include Age-Based Jokes and Comments
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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
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