FRCP 12(b)(6)

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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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In Ward v. Cohen Media Publications LLC et al, Case No. 1:22-cv-06431 (JLR), 2023 WL 5353342 (S.D.N.Y. August 21, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of sex- and religion-based discrimination. As to her claims of sex discrimination, the court explained: Turning first to her claims for sex discrimination, Plaintiff…

Read More Sex Discrimination Claims Sufficiently Alleged Against Cohen Media Publications, Court Holds
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In M.H. v. Starbucks Coffee Company, 2023 WL 5211023 (S.D.N.Y. August 13, 2023), the court granted defendant’s motion to dismiss plaintiff’s claim of a sex-based hostile work environment asserted under the New York State Human Rights Law. Here, plaintiff, while 17 years old, was raped by her shift supervisor (Justin Mariani) at defendant Starbucks; Mariani…

Read More Court Dismisses NYS Human Rights Law Complaint Against Starbucks Arising From Rape of Teen Barista by Supervisor
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In Gross v. Hatboro-Horsham School District, No. 23-0633, 2023 WL 4867423 (E.D.Pa. July 31, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability-based hostile work environment claim asserted under the Americans with Disabilities Act (ADA). From the decision: As noted, Defendant argues that Plaintiff has failed to plausibly allege that the discrimination…

Read More Teacher’s ADA Disability-Based Hostile Work Environment Claim Survives Dismissal
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In Gross v. Hatboro-Horsham School District, No. 23-0633, 2023 WL 4867423 (E.D.Pa. July 31, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age-based hostile work environment claim asserted under the Age Discrimination in Employment Act (ADEA). From the decision: Plaintiff’s factual allegations satisfy the pleading requirements for an ADEA hostile work environment…

Read More Teacher’s Age-Based Hostile Work Environment Claim Survives Dismissal
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In Tiffani Kerns v. RCS Trucking & Freight, Inc., No. 1:22-cv-1200 (RDA/IDD), 2023 WL 4868555 (E.D.Va. July 31, 2023), the court denied defendant’s motion to dismiss plaintiff’s claims of hostile work environment sexual harassment (as well as constructive discharge) asserted under the Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged…

Read More Sexual Harassment Claim Survives Dismissal; Court Rejects Defendant’s “Myopic” Interpretation of the Hostile Work Environment Statement
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