FRCP 12(b)(6)

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A recent decision, McCallum v. Alejandro Mayorkas, Secretary of the U.S. Department of Homeland Security, No. 21-1911 (ABJ), 2023 WL 2571757 (D.D.C. March 20, 2023), the court addressed an issue that is central to many, if not most, allegations of employment discrimination: namely, whether an alleged negative action by an employer constitutes an actionable “adverse…

Read More Removal/Reassignment of Duties Was an “Adverse Employment Action”, Court Holds
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In a recent case, Boucher et al v. Trustees of Canisius College et al, No. 1:22-cv-00381, 2023 WL 2544625 (W.D.N.Y. March 17, 2023), the court denied defendant’s motion to dismiss plaintiff’s “hostile educational environment” sexual harassment claim asserted under Title IX of the Educational Amendments of 1972, 20 U.S.C. § 1681. Plaintiffs allege, in sum,…

Read More Sexual Harassment/Hostile Educational Environment Claim Survives Dismissal Against Trustees of Canisius College
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In Walker v. Christine E. Wormuth, Secretary of the Army, 2023 WL 2428903 (D.Kan. March 9, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Defendant argues that the Court must dismiss this claim…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal; Court Cites “Troublemaker” and “Angry Black Woman” Comments
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In Stein v. Town of Greenburgh et al, No. 21-CV-05673 (PMH), 2023 WL 2432574 (S.D.N.Y. March 8, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. Here’s the core of court’s decision on that point: A claim…

Read More Title VII Sex-Based Hostile Work Environment Claim Survives Dismissal; “Continuing Violation” Doctrine Applied
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In Garza v. Antony Blinken, Secretary of United States Department of State, 2023 WL 2239352 (D.D.C. Feb. 27, 2023), 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 allegations against Favret do not amount…

Read More Title VII Sex-Based Hostile Work Environment Claim Dismissed; Staring at Breasts, Among Other Conduct, Deemed Insufficient by Court
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In Yost v. Everyrealm, Inc. et al, No. 22 Civ. 6549 (PAE), 2023 WL 2224450 (S.D.N.Y. Feb. 24, 2023), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s sexual harassment claim asserted under the (extremely lenient) New York City Human Rights Law. After summarizing the “black letter” law pertaining to this claim, the court…

Read More Sexual Harassment Claims Dismissed Notwithstanding Alleged “Sexual Gossip”
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In Flaherty v. Lindsey S. Dixon et al, 2023 WL 2051861 (S.D.N.Y. Feb. 16, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: The PSAC [Proposed Second Amended Complaint]’s allegations to support an inference of race discrimination are almost exclusively that Plaintiff is white and…

Read More Race-Based Hostile Work Environment Claim Dismissed; “Negative Interactions” With Coworkers of Different Race Insufficient
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In Davis v. Cape May Prosecutor’s Office, Civ. No. 1:22-cv-00783-NLH-EAP, 2023 WL 1883327 (D.N.J. Feb. 10, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiffs’ sex-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964. In stating the “black letter” law applicable to such claims, the court…

Read More Sex-Based Hostile Work Environment Claims Sufficiently Alleged; Allegations Included Lewd Jokes, Criticism, Use of the Word “Bitches,” Etc.
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In Heavans v. Dodaro, No. 22-836 (BAH), 2022 WL 17904237 (D.D.C. Dec. 23, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of discrimination based on his national origin (Iranian), but not his sex. With respect to the issue of whether the alleged offending conduct constitutes an actionable “adverse employment action,” the…

Read More National Origin Discrimination Claim, Based on Alleged “Mimicking” and “Caricaturing” Iranian Background and Accent, Survives Dismissal
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In a recent decision, Young v. Colorado Department of Corrections et al, No. 22-cv-00145-NYW-KLM, 2023 WL 1437894 (D.Colo. Feb. 1, 2023), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. Generally, in order to prevail on a hostile work environment claim (under…

Read More Mandatory Trainings Using Terms Such as “White Fragility” & “White Supremacy” Did Not Give Rise to Hostile Work Environment Claim, Court Holds
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