FRCP 12(b)(6)

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In Sadowski v. Suppi Construction, Inc., C.A. No. N22C-11-149 SPL, 2023 WL 8282052 (Del.Super. Nov. 30, 2023), the court, inter alia, held that plaintiff sufficiently alleged gender discrimination under the Delaware Discrimination in Employment Act (which, the court noted, it was interpreting consistently with Title VII of the Civil Rights Act of 1964). From the…

Read More Sex/Gender Discrimination Sufficiently Alleged; Allegations Include Male Subordinates Ignoring Direction
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In Dalton, Tamika v. Sweet Honey Tea, Inc. and Darrell DeShazer, No. 23 CV 01793, 2023 WL 8281524 (N.D.Ill. Nov. 30, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964 and local (state) law. From the…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Allegations Included Unwanted Sexual Advances Leading to Constructive Discharge
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In Luo v. AIK Renovation Inc. et al, 23-cv-5878 (LJL), 2023 WL 8113437 (S.D.N.Y. Nov. 22, 2023), the court, inter alia, held that plaintiff sufficiently alleged employment discrimination (disparate treatment) based on his Chinese descent, and denied defendant’s motion to dismiss. From the decision: Plaintiff has pleaded sufficient facts to give rise to a claim…

Read More Employment Discrimination Claims, Based on Chinese Descent, Survive Dismissal
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In Kayode v. Merrick B. Garland, Case No. 1:22-cv-03802 (TNM), 2023 WL 8083638 (D.D.C. Nov. 21, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964. Here, in sum, plaintiff alleged that she was treated in a “rude”, “offensive”, and…

Read More Title VII Hostile Work Environment Claim, Based on Supervisor’s Conduct, “Barely” Survives Dismissal
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In D’Cunha v. Northwell Health Systems, 2023 WL 7986441 (2d Cir. Nov. 17, 2023), the court, inter alia, affirmed the dismissal of plaintiff’s sex/pregnancy discrimination claim asserted under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that she was terminated due to her having not received the COVID vaccine, notwithstanding…

Read More 2nd Circuit Affirms Dismissal of Sex/Pregnancy Discrimination Claim Arising From Termination Due to Not Receiving COVID Vaccine
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In Maldonado v. City of Midland, MO:23-CV-00037-DC-RCG, 2023 WL 6978077 (W.D.Tex. October 5, 2023), the court, inter alia, recommended the dismissal of plaintiff’s claim of sexual harassment claim, asserted under Title VII of the Civil Rights Act of 1964, on the ground that she failed to exhaust her administrative remedies as to that claim. From…

Read More Title VII Sexual Harassment Claim Dismissed, as Not Administratively Exhausted
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In Ayers v. Infinity Dental Management LLC, 2023 WL 7386676 (E.D.Pa. Nov. 8, 2023), the court granted defendant’s motion to dismiss plaintiff’s claims of employment discrimination asserted under Title VII of the Civil Rights Act of 1964. From the decision: Because Ayers asserts that he was terminated from his employment, he has satisfied the adverse…

Read More Failure to Allege Membership in Protected Class Dooms Wrongful Termination, Hostile Work Environment Claims
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In Alatorre v. Ole Mexican Foods, Inc., Case No. CIV-21-01057-JD, 2023 WL 7308117 (W.D.Okla. Nov. 6, 2023), the court, inter alia, held that plaintiff sufficiently alleged hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964, and thus denied defendant’s motion to dismiss. From the decision: Here, Alatorre has pled…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Allegations Included Sexual Comments and Attempted Touching
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In Wilson v. Mercury Management, LLC, No. 23-2245-KHV, 2023 WL 6961987 (D.Kan. Oct. 20, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of discrimination asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. Of note here, plaintiff, who worked as an Administrative Assistant and…

Read More Native American Plaintiff Sufficiently Alleges Race, National Origin Discrimination
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In Spencer v. Global Innovative Group, LLC, 17 Civ. 7604 (PGG) (BCM), 2023 WL 6633860 (S.D.N.Y. Oct. 12, 2023), the court declined to adopt a Magistrate Judge’s Report & Recommendation that plaintiff’s race-based hostile work environment claim be dismissed. This decision – and in particular, its thorough evaluation and analysis of pertinent case law (both within…

Read More Hostile Work Environment Claim, Based on Single Use of the “N-Word”, Survives Dismissal
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