FRCP 12(b)(6)

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In a recent case, Glapion v. Saks Fifth Avenue, LLC, No. 24-2232, 2025 WL 506649 (E.D.La. Feb. 14, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To state a claim for hostile work…

Read More Sex-Based Hostile Work Environment Claim, Based in Part on Alleged Harassment by Customer, Survives Dismissal
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In Modny et al v. Foley Hoag LLP et al, 24-CV-5586 (JMF), 2025 WL 487308 (S.D.N.Y. Feb. 12, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s national origin discrimination claims. From the decision: [T]he Court rejects the Moving Defendants’ challenge to Modny’s national origin disparate treatment claim under Title VII, the NYCHRL,…

Read More National Origin, and Other, Discrimination Claims Survive Dismissal
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In Konate v. Actalent, Inc., Civil Action No. 23-4210 (ZNQ) (JBD), 2025 WL 289212 (D.N.J. Jan. 24, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of pregnancy discrimination. As to plaintiff’s claim under Title VII of the Civil Rights Law of 1964 – after explaining the black-letter law applicable to this…

Read More Pregnancy-Based Discriminatory Termination Claims, Under Title VII and NJLAD, Survive Dismissal
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In Ronen, Matthew v. Redroute, Inc. et al, 21-CV-2732 (RPK) (RML), 2025 WL 296551 (E.D.N.Y. Jan. 24, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of “associational discrimination” asserted under the New York City Human Rights Law. From the decision: Ronen has adequately pleaded a claim for discrimination based on association…

Read More Husband’s Associational Discrimination Claim, Based on Wife’s Pregnancy, Survives Dismissal
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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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