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FRCP 12(b)(6)

In Bright-Asante v. Saks & Co., Inc., No. 15 CIV. 5876 (ER), 2017 WL 977587 (S.D.N.Y. Mar. 9, 2017) – an employment discrimination case arising from the suspension of an African American sales associate upon suspicion of theft – the court held, inter alia, that: (1) plaintiff’s statutory discrimination claims were not subject to mandatory […]

In Carris v. First Student, Inc., 15-3350 (2d Cir. March 8, 2017) (summary order), the Second Circuit vacated the dismissal of plaintiff’s Title VII race discrimination claim. The law: To survive a motion to dismiss, a Title VII plaintiff does not have to plead a full prima facie case pursuant to the first stage of […]

In Downey v. Adloox Inc., No. 16-CV-1689 (JMF), 2017 WL 816141 (S.D.N.Y. Feb. 28, 2017) (J. Furman), the court held that plaintiff – who was directly employed by a wholly-owned domestic subsidiary of a foreign company – sufficiently stated claims of age discrimination under the Age Discrimination in Employment Act and the New York State and […]

In Rasmy v. Marriott Int’l, Inc., No. 16-CV-04865 (AJN), 2017 WL 773604 (S.D.N.Y. Feb. 24, 2017), the court discussed and applied the doctrines of election of remedies, administrative exhaustion, and mandatory arbitration in the context of defendant’s motion to dismiss the hostile work environment (religion, national origin) and retaliation claims asserted by plaintiff. Plaintiff, an Egyptian […]

The Southern District of New York’s recent decision in McCray v. Project Renewal, Inc., 15-cv-8494, 2017 WL 715010 (S.D.N.Y. Feb. 22, 2017) (Judge Caproni) serves as another reminder of the procedural hurdles that must be overcome in order to assert an employment discrimination claim in federal court. Plaintiff, proceeding pro se, sued his former employer, Defendant Project Renewal, […]

In Lorber v. Jacob Lew, No. 15-cv-9995, 2017 WL 633446 (S.D.N.Y. Feb. 15, 2017) (J. Kimba M. Wood), the court dismissed (for failure to state a claim under Fed. R. Civ. P. 12(b)(6)) plaintiff’s gender-based hostile work environment claim, but stayed its decision on defendant’s motion to dismiss plaintiff’s Title VII sexual orientation discrimination claim (which […]

In Ciulla-Noto v. Xerox Corp., No. 16-CV-6362-FPG, 2017 WL 491688 (W.D.N.Y. Feb. 7, 2017), the court dismissed plaintiff’s retaliation claim under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. In sum, plaintiff filed an EEOC charge alleging disability and gender discrimination. About a year later, plaintiff was involved in an altercation with […]

In Lee v. Carolyn Colvin, Acting Comm’r of Soc. Sec., Defendant., No. 15 CIV. 1472 (KPF), 2017 WL 486944 (S.D.N.Y. Feb. 6, 2017), the court held that plaintiff – a federal employee – sufficiently alleged a retaliation claim under the Rehabilitation Act.[1]The court dismissed several of plaintiff’s other claims, including those for hostile work environment […]

In United States v. N.Y. City Dep’t of Educ., No. 16-cv-4291, 2017 WL 435940 (S.D.N.Y. Jan. 31, 2017), an employment (race) discrimination case asserted by New York City teachers, the court recommended that defendants’ motion to dismiss be granted and denied in part. The plaintiff-teachers alleged that the principal of Pan American International High School (PAIHS), […]

In Jacobs v. Tannenbaum Helpern Syracuse & Hirschrit, 15-cv-10100, 2017 WL 432803 (S.D.N.Y. Jan. 30, 2017), the court dismissed plaintiff’s employment discrimination action. Plaintiff, a 72 year-old Episcopalian contract law partner, alleged that he was treated unfairly (i.e. subject to unlawful discrimination) based on his religion (under Title VII of the Civil Rights Act of […]