FRCP 12(b)(6)

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In Rogers-Walker v. Brivo, Inc., No. TJS-25-3213, 2026 WL 2275654 (D. Md. Aug. 6, 2026), 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. From the decision: A plaintiff’s “[w]orking conditions form a hostile work environment when they are…

Read More Hostile Work Environment Claim Dismissed; Allegations Involved “Unfavorable Personnel Decisions” and the “Uncomfortable Aftermath of Those Decisions”
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In Florence v. 72AndSunny Sunny Partners, LLC, No. 25-CV-7082 (LJL), 2026 WL 2254417 (S.D.N.Y. Aug. 5, 2026), the court, inter alia, held that plaintiff sufficiently alleged gender discrimination asserted under Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws. As to Title VII, the court…

Read More Sex Discrimination Claims Survive Dismissal; Allegations Include That Shortly Before Her Termination, Accounts and Direct Reports Were Transferred to Less-Qualified Male Employees
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In Bradley v. Acts Retirement-Life Communities, Inc., No. CV 25-4037-BAH, 2026 WL 2186314 (D. Md. July 29, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation asserted under the Age Discrimination in Employment Act (ADEA). From the decision: In order to establish a prima facie case of retaliation, a plaintiff…

Read More Retaliation Claim, Asserted Under the Age Discrimination in Employment Act (ADEA), Survives Dismissal
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In Dufour v. Havas Gemini, LLC, No. 25-CV-8915 (LAP), 2026 WL 2185298 (S.D.N.Y. July 29, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s failure-to-promote claim. From the decision: The only alleged incident within the limitations period of the Title VII and ADEA claims is Plaintiff’s termination. Even considering Plaintiff’s other allegations as…

Read More Discriminatory Failure-to-Promote Claim Dismissed; Plaintiff Did Not Allege That He Applied For the Position
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In Wurtz v. The Boeing Company, No. 4:25-CV-1609-ZMB, 2026 WL 2122941 (E.D. Mo. July 23, 2026), the court granted defendant’s motion to dismiss plaintiff’s hostile work environment claim under state law (the Missouri Human Rights Act). From the decision: To show harassment, Wurtz alleges that supervisors treated her poorly—for example, by accusing her of “stealing…

Read More Hostile Work Environment Claim Dismissed; Accusation of “Stealing Time” and “Not Working Independently” Insufficient
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In Perez v. Saltz, Mongeluzzi, & Bendesky, P.C., No. CV 25-2107, 2026 WL 2033187 (E.D. Pa. July 14, 2026), the court, inter alia, granted 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: Plaintiff alleges a hostile work environment…

Read More Hostile Work Environment Sexual Harassment Claim Insufficiently Alleged; Dismissal Granted
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In Licea v. Illinois Cent. Ry. Co., No. 1:25-CV-08706, 2026 WL 2049497 (N.D. Ill. July 15, 2026), the court granted defendant’s motion to dismiss plaintiff’s complaint alleging employment discrimination under Title VII of the Civil Rights Act of 1964. In sum, plaintiff, a journeyman machinist, alleges that her foreman “verbally and sexually harassed” her. This…

Read More Court Dismisses Complaint Alleging Race & Sex Discrimination Under Title VII
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In Haghnegahdar v. Old Dominion University, No. 2:25-CV-799, 2026 WL 1878607 (E.D. Va. June 30, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim of sex0based hostile work environment under Title VII of the Civil Rights Act of 1964. From the decision: The plaintiff alleges that ODU’s conduct—hiring her via a formal…

Read More Sex-Based Hostile Work Environment Claim Dismissed; Conduct Did Not Interfere With Plaintiff’s Ability to Do Her Job
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In Coleman v EarthLink, LLC, No. 1:25CV00032, 2026 WL 1906086 (W.D.Va. July 2, 2026), the court, inter alia, denied defendant’s motion to dismiss Plaintiff’s failure-to-accommodate disability claim under the Americans with Disabilities Act (ADA). From the decision: Coleman alleges that he requested flexible break and lunch times to manage his diabetes. He contends that EarthLink’s management…

Read More Failure to Accommodate Disability ADA Claim Survives Dismissal
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In Pusey, Audrey v. Florida Atlantic University Board of Trustees, No. 25-CV-81619, 2026 WL 1792786 (S.D. Fla. June 23, 2026), 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. In sum, plaintiff alleged that defendant discriminated against her…

Read More Title VII Sex-Based Hostile Work Environment Claim (Barely) Survives Dismissal
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