FRCP 12(b)(6)

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In Bhuiyan v. Department of Treasury, 2025 WL 79634 (S.D.Ohio Jan. 13, 2025), the court adopted a Magistrate Judge’s Report & Recommendation granting defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: “Sexual harassment that results in a ‘hostile…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed, Buttcrack Exposure Notwithstanding
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In Acosta v. Kennedy Children’s Center, 24 Civ. 3358, 2025 WL 70141 (S.D.N.Y. Jan. 10, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability discrimination claims asserted under the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL). From…

Read More PTSD-Related Disability Discrimination Claims Sufficiently Alleged, Court Holds
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In Rogers v. Voltron Data, Inc., Civil Action No.: 24-84 (RC), 2024 WL 4647644 (D.D.C. Oct. 31, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race and sex discrimination. The court rejected defendants’ allegations that plaintiff’s allegations were “threadbare”, explaining: [Plaintiff’s complaint] contains plenty of “factual matter, accepted as true,…

Read More Race, Sex Discrimination Claims Plausibly Alleged; Allegations Include Less Compensation and Denial of Superior Title
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In Troeger v. JetBlue Airways Corp., 2024 WL 5146185 (S.D.N.Y. December 17, 2024), the court denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law, the court applied it to the facts as follows: Here, Troeger does not allege…

Read More Hostile Work Environment Claim Survives Dismissal Against JetBlue, Court Holds
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In Sabic-El-Rayess v. Teachers College, Columbia University, 24-CV-2891 (JMF), 2024 WL 4988408 (S.D.N.Y., 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of religious discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: By contrast, the Court concludes that Dr. Sabic-El-Rayess’s allegations are sufficient to state…

Read More Religious Discrimination Claims Against Columbia Survive Dismissal
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In Ancrum v. New York City Department of Environmental Protection, 2024 WL 5009145 (S.D.N.Y. Dec. 6, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: For Title VII purposes, a workplace is actionably hostile when it…

Read More Title VII Sexual Harassment Claim Dismissed; Comments, While “Despicable” and “Offensive”, Held Not Actionable
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In Hall v. New York City Department of Education, 23-cv-10385 (JGK), 2024 WL 4979288 (S.D.N.Y. Dec. 3, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s failure-to-hire claim asserted under the Americans with Disabilities Act (ADA). From the decision: The plaintiff asserts that the defendant retracted her job offer and failed to hire…

Read More Legally Blind Plaintiff Sufficiently Alleges Failure-to-Hire Claim Under the ADA, Court Rules
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In Nolan Graber v. Cayuga Home For Children, 5:24-CV-468, 2024 WL 4870326 (N.D.N.Y. Nov. 22, 2024), the court, inter alia, held that plaintiff sufficiently alleged constructive discharge in violation of Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the decision: A constructive discharge occurs when…

Read More Constructive Discharge Sufficiently Alleged; Allegations Included Erosion of Role Following Participation in Age Discrimination Investigation
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In Mazzuchelli v. Immutable Pty. Ltd and Lightsource Global, 23-cv-7885 (NSR), 2024 WL 4817535 (S.D.N.Y. Nov. 18, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s pregnancy discrimination claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the decision: To state a claim…

Read More Pregnancy Discrimination Claims Survive Dismissal; Termination Occurred Less Than a Month After Pregnancy Disclosure
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In Santay v. Ice House LLC, Civil Action No. 24-cv-11583-ADB, 2024 WL 4804967 (D.Mass. Nov. 15, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: The elements of a claim for hostile work environment under Title VII or Chapter 151B are that (1) the…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Contentions Include Sexual Comments, Touching, and Showing Photos and Videos of Genitalia
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