FRCP 12(b)(6)

by

In Shinn v. Pennsylvania School Boards Association, CIVIL NO. 1:23-cv-02097, 2025 WL 1839494 (M.D.Pa. July 3, 2025), the court, inter alia, granted 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: Here, Shinn’s alleged workplace harassment was neither…

Read More Title VII Hostile Work Environment Sexual Harassment Claim Dismissed; Leave to Amend Complaint Granted
Share This:
by

In Stanley v. City of Sanford, Fla., 2025 WL 1716138 (U.S. June 20, 2025), the U.S. Supreme Court interpreted the Americans with Disabilities Act (ADA) and addressed the question of whether that statute “reaches discrimination against retirees who neither hold nor desire a job whose essential tasks they can perform with reasonable accommodation.” The Court…

Read More Supreme Court: Retiree’s ADA Disability Discrimination Claim Properly Dismissed
Share This:
by

In Owens v. PriceWaterHouseCoopers LLC, 1:24-cv-5517-GHW, 2025 WL 1677001 (S.D.N.Y. June 12, 2025), the court clarified the standard for “sexual harassment” claims asserted under the New York City Human Rights Law. The court explained: The question, accordingly, becomes how to define the subset of discriminatory conduct that is also “sexual harassment.” As stated above, the…

Read More “Sexual Harassment” under the NYCHRL Need Not Be “Lewd or Sexual”; Motion to Compel Arbitration Denied
Share This:
by

In Baxter v. Swiftshift Inc., 24cv6241 (DLC), 2025 WL 1677712 (S.D.N.Y. June 13, 2025), the court, inter alia, held that plaintiff sufficiently alleged claims of hostile work environment, under the New York State and City Human Rights Laws, because of her sex and domestic violence victim status. From the decision: Baxter has also stated a…

Read More Hostile Work Environment Claims, Based on Sex and Domestic Violence Victim Status, Survive Dismissal
Share This:
by

In Pike v. Budd, 133 F.4th 74 (1st Cir. 2025), the court vacated the lower court’s dismissal of plaintiff’s sexual harassment claim based on qualified immunity. The court summarized the alleged facts as follows: Plaintiff-Appellant Samantha Pike (“Pike”), a licensed alcohol and drug treatment counselor employed by Wellspring, Inc. (“Wellspring”), worked at Maine’s Adult Treatment…

Read More Section 1983 Sexual Harassment Claim Survives Dismissal
Share This:
by

In Leavines, Isabella v. Ollie’s Bargain Outlet, Inc. and Lorenzo Duffey, Civil Action No. 2:24-932, 2025 WL 1635192 (W.D.Pa. June 10, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s quid pro quo sexual harassment claim asserted in violation of Title VII of the Civil Rights Act of 1964. From the decision: In Count II,…

Read More Title VII Quid Pro Quo Sexual Harassment Claim Survives Dismissal
Share This:
by

In Ruiz v. Credit Agricole Corporate and Investment Bank, Anthony Botting, 2025 WL 1642406 (S.D.N.Y. June 10, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under the New York City Human Rights Law. From the decision: I turn next to Plaintiff’s claim under the NYCHRL that…

Read More Race-Based Hostile Work Environment Claim, Asserted Under the NYC Human Rights Law, Survives Dismissal
Share This:
by

In Regis v. Noem, Civil Action No. 24-2405 (SLS), 2025 WL 1580808 (D.D.C. June 4, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s complaint alleging age discrimination under the Age Discrimination in Employment Act (ADEA). Plaintiff, a 59 year-old former fingerprint specialist at the United States Secret Service, alleged that defendant subjected…

Read More Secret Service Fingerprint Specialist’s Age Discrimination Claim Survives Dismissal
Share This:
by

In Kukreja v. Scientific Systems Company et al, 24-CV-1364 (SFR), 2025 WL 1549071 (D.Conn. May 30, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s disability-based hostile work environment claim asserted under the Americans with Disabilities Act. In sum, plaintiff alleged that he incurred injuries while on a work trip, and that (for…

Read More Citing Timely Termination, Court Denies Motion to Dismiss Disability-Based Hostile Work Environment Claims
Share This:
by

In O’Reilly v. The Institute For Cancer Research, 2025 WL 1534969 (E.D.Pa. May 29, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s quid pro quo sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Quid pro quo sexual harassment occurs when an employee experiences…

Read More Quid Pro Quo Sexual Harassment Claim Survives Dismissal
Share This: