FRCP 12(b)(6)

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In Krstovska v. Staunton Financial, Inc., Case No. 24-12903, 2025 WL 1524456 (E.D.Mich. May 27, 2025), the court, inter alia, the court dismissed plaintiff’s claims of hostile work environment and retaliation under Title VII of the Civil Rights Act of 1964, on the ground that plaintiff failed to exhaust her administrative remedies. From the decision:…

Read More Title VII Hostile Work Environment Claim Dismissed as Not Administratively Exhausted at the EEOC
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In Flanagan et al v. Girl Scouts of Suffolk County, Inc. et al, 23-7900-cv, 2025 WL 1501751 (2d Cir. May 27, 2025), the court, inter alia, held that plaintiff plausibly alleged race discrimination under 42 U.S.C. § 1981 and the New York State Human Rights Law (NYSHRL), and vacated a lower court order holding otherwise.…

Read More Race Discrimination Claims Plausibly Alleged; 2nd Circuit Vacates Dismissal
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In Wallace v. Mary Baldwin University, 2025 WL 1409860 (4th Cir. May 15, 2025), the court affirmed the lower court’s orders dismissing, for failure to sate a claim, her complaints raising claims of sex discrimination and retaliation under Title VII of the Civil Rights Act of 1964. From the decision: A plaintiff can establish a…

Read More Title VII Sex Discrimination and Retaliation Claims Properly Dismissed, 4th Circuit Holds
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In Paul v. City of Fort Worth, Civil Action No. 4:24-cv-00913-O, 2025 WL 1287920 (N.D.Tex. May 2, 2025), the court denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Texas law.[1]Note: I am not admitted to practice law in Texas. The court summarized the black-letter law – noting that the…

Read More Hostile Work Environment Sexual Harassment Sufficiently Alleged
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In Noh v. Admarketplace, Inc., 24 Civ. 2107 (ER), 2025 WL 965882 (S.D.N.Y. March 28, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex- and race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State and City…

Read More Hostile Work Environment Claim, Based on Race and Sex, Survive Dismissal
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In Huber v. TIAA, 2025 WL 1139131 (W.D.Va. April 17, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim in violation of Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that defendant engaged in religious discrimination by failing to accommodate her request for a…

Read More Title VII Religion-Based Hostile Work Environment Claim Dismissed
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In Rosenson v. Bloomfield, Civil Action No. 24-1365 (SLS), 2025 WL 958254 (D.D.C. March 31, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s retaliatory hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To prevail on a retaliatory hostile-work-environment claim, “a plaintiff must…

Read More Hostile Work Environment Claim Dismissed; Repeated Criticism and Other Actions Held Insufficiently Severe or Pervasive
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In Shelton v. University Healthcare System, L.C., 2025 WL 816293 (E.D.La. March 14, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive on Title VII’s “severe or pervasive” standard for assessing such claims. From…

Read More Title VII Hostile Work Environment Claim Dismissed; Additional Workload Did Not Amount to “Severe or Pervasive” Harassment
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In Little v. R & L Carriers, Inc. et al, 3:24-CV-836 (OAW), 2025 WL 744276 (D.Conn. March 9, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: To establish a hostile work environment claim under…

Read More Title VII Race-Based Hostile Work Environment Claim Survives Dismissal
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In Borden v. City of New York, 23-CV-8330 (RPK) (CLP), 2025 WL 754147 (E.D.N.Y. March 10, 2025), the court, inter alia, granted 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: Plaintiff’s non-time barred allegations do not plausibly amount to…

Read More Sex-Based Hostile Work Environment Claims Dismissed; Alleged Sexual Innuendo, Grabbing Were Not “Severe” or “Pervasive”
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