FRCP 12(b)(6)

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In Thomasson v. State ex rel. Bd. of Regents of Nevada Sys. of Higher Educ., No. 3:25-CV-00611-MMD-CLB, 2026 WL 1346640 (D. Nev. May 13, 2026), the court granted defendant’s motion to dismiss plaintiff’s hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: Defendant moves to dismiss…

Read More Title VII Hostile Work Environment Complaint Dismissed For Failure to Satisfy Rule 8’s “Short and Plain Statement” Requirement
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In Equal Emp. Opportunity Comm’n v. FCA US, L.L.C., No. 25-CV-10174, 2026 WL 1333761 (E.D. Mich. May 13, 2026), the court, inter alia, held that plaintiff sufficiently alleged a sex-based hostile work environment claim in violation of Title VII of the Civil Rights Act of 1964, and therefore denied defendant’s motion to dismiss and/or for…

Read More Title VII Hostile Work Environment Sexual Harassment Claim, Based on Alleged Touching, Leering, and Sexual Comments Survives Dismissal
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In Hernandez v. Bisbee Unified Sch. Dist. #2, et al., No. CV-25-00475-TUC-RM (BGM), 2026 WL 1256136 (D. Ariz. May 7, 2026), the court, inter alia, held that plaintiff stated a plausible national origin discrimination claim under Title VII of the Civil Rights Act of 1964. From the decision: Defendants next assert that Plaintiff’s national origin…

Read More Title VII National Origin Discrimination Claim Sufficiently Alleged
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In Guardada v. Kiss Distribution Corp. et al, No. 25CV649 (EP) (JRA), 2026 WL 1078770 (D.N.J. Apr. 21, 2026), the court denied defendants’ motion to dismiss plaintiff’s retaliatory hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: The Third Circuit recognizes, as a separate cause of…

Read More Title VII Retaliatory Hostile Work Environment Claim Survives Dismissal
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In Claybrook v. Freightliner of Arizona, LLC et al, No. 3:25-CV-00633, 2026 WL 1195852 (M.D. Tenn. May 1, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: To succeed on a hostile…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Survives Dismissal; Racial Harassment Allegations Deemed Pertinent to Pervasiveness
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In Slmonsen v. KSH Aviation LLC, No. 25-CV-00266 (MMG), 2026 WL 880383 (S.D.N.Y. Mar. 31, 2026), the court denied defendant’s motion to dismiss plaintiff’s claim of employment discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: To survive a motion to dismiss under Rule 12(b)(6), a complaint must plead…

Read More Title VII Discrimination, Unpaid Wage, and Breach of Contract Claims Survive Dismissal
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In Osinubi v. Sanofi Pasteur, Inc. et al, No. 1:25-CV-12262-JEK, 2026 WL 986193 (D. Mass. Apr. 13, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: A hostile work environment is one that is “ ‘pervaded by harassment or abuse, with the resulting intimidation, humiliation,…

Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged
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In Mendizabal v. Faria Meat Market LLC, No. 26-CV-062-JJM-AEM, 2026 WL 1025374 (D.R.I. Apr. 13, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: Ms. Mendizabal also claims that she was subject to a hostile work environment when she was subjected to unwelcome sexual…

Read More Hostile Work Environment Sexual Harassment Claim Continues; Continuing Violation Doctrine Applied
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In Mikhail v. Metropolitan Transportation Authority, No. 24-CV-08367 (MMG), 2026 WL 880297 (S.D.N.Y. Mar. 31, 2026), the court denied defendant’s motion to dismiss plaintiff’s national origin discrimination and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff alleges that, of ten managers at his level in his…

Read More Title VII National Origin (Russian) Discrimination, Retaliation Claims Sufficiently Alleged
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In Meyvi Concepcion Rivas Orantes v. D & J Export Inc. et al, No. 24-CV-08423-LDH-RML, 2026 WL 885231 (E.D.N.Y. Mar. 31, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of quid pro quo sexual harassment asserted under Title VII of the Civil Rights Act of 1964 and the New York State…

Read More Quid Pro Quo Sexual Harassment Claims Dismissed; No “Link” Between Rejection of Sexual Advance and Termination
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