FRCP 12(b)(6)

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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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In Ortiz v. Federal Bureau of Prisons et al, 2023 WL 1447920 (E.D.Cal. Feb. 1, 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. After summarizing the “black letter” law governing this claim, the court applied it…

Read More Sex-Based Hostile Work Environment Claim Dismissed; Alleged Yelling, Glaring, Etc. Insufficient
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In Gardner-Alfred v. Federal Reserve Bank of New York, 2023 WL 253580 (S.D.N.Y. Jan. 26, 2023), the court, inter alia, permitted plaintiff’s religious discrimination claim, asserted under Title VII of the Civil Rights Act of 1964, to continue. This decision is instructive as to what constitutes “religion” within the meaning of Title VII: Gardner-Alfred has…

Read More Title VII Religious Discrimination Claim, Arising From Termination Due to Vaccine Refusal, Survives Dismissal
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In Stripling v. Ingram Barge Company, LLC, No. 3:21-cv-00654, 2022 WL 17475764 (M.D.Tenn. Dec. 6, 2022), 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. From the decision: A prima facie claim for discrimination arising out sexual…

Read More Sexual Harassment (Hostile Work Environment) Claim Sufficiently Alleged; Court Rejects Defense Argument Focusing on “Discrete” Acts
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In Garcia v. Denver Health Medical Center, Civil Action No. 22-cv-01651-CNS-MEH, 2023 WL 22186 (D.Colo. January 3, 2023), the court, inter alia, found that plaintiff plausibly alleged her claim of “reverse” race discrimination, asserted under Title VII of the Civil Rights Act of 1964, be denied. From the decision: Plaintiff also claims that she suffered…

Read More “Reverse” Race Discrimination (Hostile Work Environment) Claim Sufficiently Alleged, Colorado District Court Holds
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In Small v. New York City Department of Education et al, 1:21-cv-1527-GHW, 2023 WL 112546 (S.D.N.Y. Jan. 5, 2023), the court, inter alia, held that plaintiff – a teacher – sufficiently alleged a sexual orientation-based hostile work environment claim under the New York City Human Rights Law (but not under Title VII of the Civil Rights Act…

Read More Student-on-Teacher Sexual Orientation Hostile Work Environment Claim Survives Dismissal Under NYC Law
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