D Motion for Summary Judgment Denied (Employment Discrimination)

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In Breitling v. Amazon Web Services & Randy Bradley, No. 24-CV-4704, 2026 WL 810284 (S.D.N.Y. Mar. 23, 2026), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of national origin (Chilean) discrimination under the New York State and City Human Rights Laws. From the decision: Breitling has satisfied the first three…

Read More National Origin Discrimination Claims Survive Summary Judgment; Evidence Include Comments About Plaintiff’s Accent and Being “Argumentative” Due to Culture
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In Fagan v. Mount Vernon City School District et al, 7:25-cv-00927-VR, 2026 WL 851376 (SDNY March 27, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race/national origin claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: “In this Circuit, the sine qua non of a national…

Read More Title VII Race, National Origin Discrimination Claims Survive Dismissal; Transfer & Termination Occurred in the Context of a “Mosaic of Intentional Discrimination”
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In Cagle v. Duro-Hilex Poly, LLC, No. 3:24-CV-154 (JCH), 2026 WL 628137 (D. Conn. Mar. 5, 2026), the court, inter alia, denied defendant’s motion for summary judgment on plaintiffs’ race- and color-based disparate treatment and hostile work environment under the Connecticut Fair Employment Practices Act. (Note: I am not admitted to practice law in Connecticut;…

Read More Race/Color Based Disparate Treatment and Hostile Work Environment Claims Survive Summary Judgment
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In Krcishta v. 1745 East 12th Street LLC, No. 523841-2017, 2026 WL 416309 (N.Y. Sup. Ct. Feb. 11, 2026), the court, inter alia, denied defendants’ motion for summary judgment dismissing plaintiff’s claims for disability discrimination and failure to accommodate disability under the New York State and City Human Rights Laws. From the decision: An employer…

Read More Disability Discrimination, Failure to Accommodate Claims Survive Summary Judgment
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In Kocher v. The Mount Sinai Hosp., No. 153955/2022, 2025 WL 3755782 (N.Y. Sup. Ct. Dec. 22, 2025), the court, inter alia, denied the parties’ motions for summary judgment on plaintiff’s disability discrimination claims asserted under the New York State and City Human Rights Laws. At issue, in sum, was whether a remote/virtual work arrangement…

Read More Reasonable Accommodation Claims, Arising From Remote Work Request, Survive Summary Judgment
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In Walker v. Triborough Bridge and Tunnel Authority, No. 160839/2021, 2025 WL 3757595 (N.Y. Sup. Ct. Dec. 23, 2025), the court, inter alia, denied defendants’ motion for summary judgment dismissing plaintiff’s race and gender discrimination, and hostile work environment, claims. From the decision: The Court rejects Defendants’ argument that there is no evidence of discrimination.…

Read More Race, Gender Discrimination, Hostile Work Environment Claims Survive Summary Judgment
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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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