In Revan v. University of Denver Department of Campus Safety, No. 25-CV-00528-NYW-CYC, 2026 WL 376809 (D. Colo. Feb. 11, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To state a prima facie claim for…
Read More Title VII Sex & Race Based Hostile Work Environment Sufficiently AllegedIn 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 RequirementIn Daryl Whitfield v. Kristi Noem, No. 2:25-CV-04499-HDV-PDX, 2026 WL 1270812 (C.D. Cal. Jan. 9, 2026), the court held that plaintiff sufficiently alleged race discrimination in violation of Title VII of the Civil Rights Act of 1964. From the decision: Defendant asserts that Plaintiff’s SAC does not state a racial discrimination claim because it is…
Read More Title VII Race Discrimination Claim Sufficiently Alleged; Court Confirms That a Plaintiff Need Not Provide Evidence in a Complaint to Survive DismissalIn 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 ConditionIn 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 DismissalIn Holloway v. Fort Bend Independent School District, No. 4:24-CV-2014, 2025 WL 3158133 (S.D. Tex. Nov. 12, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim for discrimination, based on her reassignment, in violation of Title VII of the Civil Rights Act of 1964. From the decision: To state a claim for…
Read More Title VII Race/Color Discrimination Claim, Based on Reassignment, Survives DismissalIn Brown v. Montefiore Health System, Inc., No. 24-3078-cv, 2025 WL 2985389 (2d Cir. Oct. 23, 2025), the U.S. Court of Appeals for the Second Circuit held that plaintiff indeed stated a claim for a race-based hostile work environment claim under Title VII of the Civil Rights Act of 1964 and the New York State…
Read More Race-Based Hostile Work Environment Plausibly AllegedIn Brown v. Montefiore Health System, Inc., No. 24-3078-cv, 2025 WL 2985389 (2d Cir. Oct. 23, 2025), the U.S. Court of Appeals for the Second Circuit held that plaintiff indeed stated a claim for a race-based discrimination (termination) claim under Title VII of the Civil Rights Act of 1964 and the New York State Human…
Read More 2nd Circuit Vacates Lower Court Decision; Race-Based Termination Claim Survives DismissalIn Laporte, Jose v. Sullivan, Brian, 1:24-cv-1124 (ECC/DJS), 2025 WL 2645531 (N.D.N.Y. Sept. 15, 2025), the court denied defendant’s motion to dismiss plaintiff’s – a dark-skinned Hispanic man – claim of race/national origin discrimination in violation of the Equal Protection Clause of the Fourteenth Amendment and 42 U.S.C ยง 1983. From the decision: Plaintiff argues…
Read More Upstate Hispanic Correction Officer Sufficiently Alleges Race & National Origin DiscriminationIn 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