FRCP 12(b)(6)

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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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In Fagan v. Mount Vernon City School District et al, 7:25-cv-00927-VR, 2026 WL 851376 (SDNY March 27, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race/national origin claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: “In this Circuit, the sine qua non of a national…

Read More Title VII Race, National Origin Discrimination Claims Survive Dismissal; Transfer & Termination Occurred in the Context of a “Mosaic of Intentional Discrimination”
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In Jane v. Seema Bhansali et al, No. 24-CV-08853 (OEM) (PK), 2026 WL 636672 (E.D.N.Y. Mar. 6, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Title VII provides that “[i]t shall be an unlawful employment practice…

Read More Title VII Retaliation Claim Survives Dismissal; Termination Followed Complaint to Employer About Anti-Transgender Comment
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In Hines v. Leafguard Holdings Inc., No. 25-CV-00306-LKG, 2026 WL 776078 (D. Md. Mar. 19, 2026), the court, inter alia, the court declined to dismiss plaintiff’s race- and sex-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964. After dismissing plaintiff’s Pregnancy Discrimination Act discrimination claim, the court proceeded…

Read More Title VII Race and Sex-Based Hostile Work Environment Claims Survive Dismissal
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In Warden v. Richard Fordyce et al, No. 6:25-CV-01467-MC, 2026 WL 735346 (D. Or. Mar. 16, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim. From the decision: The sum of Plaintiff’s factual allegations is insufficient to state a claim based on a hostile work environment. First, Plaintiff attempts…

Read More Disability-Based Hostile Work Environment Claim Dismissed; Alleged “Unpleasant” “Mistreatment” Insufficient
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In Vuong v. United States Department of Veterans Affairs, No. 25-20199, 2026 WL 737338 (5th Cir. Mar. 16, 2026), the U.S. Court of Appeals for the Fifth Circuit reversed a lower district court’s ruling dismissing plaintiff’s hostile work environment claim, finding no basis for the “pleading deficiency” cited by the lower court. From the decision:…

Read More Hostile Work Environment Claim Dismissal Due to “Pleading Insufficiency” Reversed
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In Depamphilis v. Town of Newington et al, No. 3:25-CV-00524 (SVN), 2026 WL 674501 (D. Conn. Mar. 10, 2026), the court, inter alia, held that plaintiff sufficiently alleged that she suffered a hostile work environment based on her sex. The court summarized the legal requirements for this claim as follows: Title VII of the Civil…

Read More Sex-Based Hostile Work Environment Claim Survives Dismissal, Court Holds
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