D Motion for Summary Judgment Denied (Employment Discrimination)

In Mildes v. Shriners Hosps. for Child., No. 2:23-CV-00356-SAB, 2025 WL 3176084 (E.D. Wash. Nov. 13, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s failure to accommodate disability claim under the Americans with Disabilities Act (ADA). From the decision: To establish a prima facie failure to accommodate claim under the…

Read More ADA Failure to Accommodate Claim Survives Summary Judgment
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In Paige v. Garvan’s Rock and Rye, LLC, Maggie Mae’s, LLC, & Garvan McCloskey, No. 24CV3189 (DLC), 2025 WL 3201762 (S.D.N.Y. Nov. 14, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s disability discrimination claims asserted under the Americans with Disabilities Act and the New York State Human Rights Law. From…

Read More Disability Discrimination Claims, Arising From Termination Following Workers Compensation Leave, Survive Summary Judgment
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In Clermont v. OTG Concessions Management LLC, 24-cv-6590 (BMC), 2025 WL 2664022 (E.D.N.Y. Sept. 17, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under 42 U.S.C. § 1981. In sum, plaintiff, a Hispanic woman who worked as a JFK Airport barista, alleged (among other things) that her…

Read More Hispanic JFK Barista Sufficiently Alleges Race Discrimination Under 42 U.S.C. § 1981
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In Hechavarria v. Scorch Bar & Grill Inc., 23-CV-1743 (NGG) (VMS), 2025 WL 2476346 (E.D.N.Y. Aug. 28, 2025), the U.S. District Court for the Eastern District of New York, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claims. Plaintiff contends, among other things, that he was engaged in an…

Read More One-Time N-Word Use Sufficient to Defeat Summary Judgment on Race-Based Hostile Work Environment Claims, EDNY Holds
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In King v. Koch AG & Energy Solutions, LLC, CIVIL ACTION No. 25-1017-KHV, 2025 WL 2106828 (D.Kan. July 28, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. Specifically, the court considered the effect on plaintiff’s…

Read More Sex-Based Hostile Work Environment Claim Sufficiently Alleged Under New “Muldrow” Standard
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In Kean v. Brinker International, Inc., 140 F.4th 759 (6th Cir. June 17, 2025), the U.S. Court of Appeals for the Sixth Circuit vacated the lower court’s award of summary judgment to the defendant on plaintiff’s age discrimination claim asserted under the Age Discrimination in Employment Act (ADEA). This decision is a good example of…

Read More ADEA Age Discrimination Claim Survives Summary Judgment; Fact Issues Existed as to Whether “Culture” Rationale Was Pretext for Discrimination
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In Cherner v. CF Bankshares Inc., 24-CV-02812 (PMH), 2025 WL 1745864 (S.D.N.Y. June 23, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Title VII “makes actionable any form of sex-based compensation discrimination.” Lenzi v. Systemax,…

Read More Male Plaintiff Sufficiently Alleges Gender Discrimination Under Title VII of the Civil Rights Act of 1964
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In Kapllanaj v. Healthfirst PHSP, Inc., No. 152720/2021, 2025 WL 1707852 (N.Y. Sup Ct, New York County June 17, 2025), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s gender discrimination and hostile work environment claims asserted under the New York State and City Human Rights Laws. The court summarized the facts…

Read More Sexual Harassment Claims Against Healthfirst Survive Summary Judgment
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In Norris v. Frito-Lay, Inc., CIVIL ACTION No. 24-4023-KHV, 2025 WL 1423583 (D.Kan. May 16, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim, asserted under Title VII of the Civil Rights Act of 1964. From the decision: Here, plaintiff has presented evidence that (1)…

Read More Hostile Work Environment Sexual Harassment Claims Survive Summary Judgment
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In Stashenko, Stephanie v. The State of New York et al, No. 903130-22, 2025 N.Y. Slip Op. 50616(U), 2025 WL 1228825 (Sup Ct Albany Cty, Apr. 14, 2025), the court denied defendant’s motion for summary judgment on plaintiff’s claim of gender discrimination under the New York State Human Rights Law. After summarizing the black-letter law…

Read More Sex, Familial Status Discrimination Claims Survive Summary Judgment Against NY State
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