FRCP 12(b)(6)

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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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In Brown v. Ferrara Candy Company, No. 22 CV 04875, 2023 WL 6519973 (N.D.Ill. Oct. 5, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of (race or sexual orientation based) hostile work environment asserted under Title VII of the Civil Rights Act of 1964. From the decision: The key allegation supporting…

Read More Hostile Work Environment Claims Survive Dismissal; Carrying of Weapons Factored Into Decision
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In Kekovic v. Titan Motor Group LLC, 22-CV-2142, 2023 WL 6385712 (E.D.N.Y. Sept. 29, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claims. Plaintiff, who identifies as a white male, is married to a black, African American man, and thus asserts “associational discrimination” claims based on this marriage.…

Read More “Associational Discrimination” Race-Based Hostile Work Environment Claim Survives Dismissal Against Titan Motor Group
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In Herman v. City of New York et al, 21-cv-6295 (ALC), 2023 WL 6386887 (S.D.N.Y. Sept. 29, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of hostile work environment, based on his Jewish religion, under the New York State and City Human Rights Laws. From the decision: Here, Plaintiff alleges that…

Read More Religion-Based Hostile Work Environment Claims, Based in Part on Single Anti-Semitic Remark, Survive Dismissal
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In Garduno v. Capable Controls, Inc., No. 23 CV 2549, 2023 WL 6276564 (N.D.Ill. Sept. 26, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. In this case, plaintiff alleged that shortly after starting work, she discovered that one…

Read More Sexual Harassment Claim, Based on Pornography Viewing in the Office, Survives Dismissal
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In Sokolovsky v. Silver Lake Specialized Care Center et al, 21-CV-01598 (MKB), 2023 WL 5977298 (E.D.N.Y. Sept. 14, 2023), the court, inter alia, held that plaintiff sufficiently alleged claims of hostile work environment (based on her national origin and religion) under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New…

Read More National Origin, Religion-Based Hostile Work Environment Claims Sufficiently Alleged, Court Holds
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In Samuels v. City of New York et al, 22-cv-1904 (JGK), 2023 WL 5717892 (S.D.N.Y. Sept. 5, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s gender-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1954, the New York State Human Rights Law, and the New York…

Read More Gender-Based Hostile Work Environment Claims Survive Dismissal; Allegations Include Physical and Verbal Harassment
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In Everett v. New York City Department of Education et al, 21 Civ. 7043 (JPC), 2023 WL 5629295 (S.D.N.Y. August 31, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under Title VII of the Civil Rights Act of 1964. After summarizing the “black letter” law applicable to…

Read More Race Discrimination Claim Sufficiently Alleged Against NYC Department of Education, Court Holds
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In a recent case, Symotyuk-Knoll v. Healthequity, Inc., 1:21-CV-08348 (ALC), 2023 WL 5576405 (S.D.N.Y. August 29, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Retaliation Claims Sufficiently Alleged; Termination Followed Pregnancy Leave Request
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