FRCP 12(b)(6)

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In Desrosiers v. Summit Security Services, Inc. et al, 2022 WL 13808524 (S.D.N.Y. Oct. 21, 2022), the court, inter alia, dismissed plaintiff’s claims of national origin discrimination 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. This case…

Read More National Origin Discrimination Claim Dismissed; Alleged Comments Were Non-Actionable “Stray Remarks”
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In Butler v. Ford Motor Company, 2022 WL 4448724 (N.D.Ill. Sept. 23, 2022), the court dismissed plaintiff’s hostile work environment sexual harassment claim. In sum, plaintiff alleges that her co-worker yelled in her face, “You bitches on this line be tweaking!”. This decision teaches that not every utterance of an offensive, sex-based term will give…

Read More Sexual Harassment Claim Dismissed; Co-Worker’s One-Time Use of “Offensive and Odious” Term “Bitches” Deemed Insufficient by Court
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In Santiago v. Acacia Network, Inc. et al, 2022 WL 6775835 (S.D.N.Y. October 10, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim(s) asserted under the New York City Human Rights Law. From the decision: The plaintiff also argues that the defendants fostered a hostile work environment in violation…

Read More Hostile Work Environment & Pay Discrimination Claims Sufficiently Alleged Against Acacia Network, Court Rules
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In Bernard v. Care Design N.Y. et al, No. 20-cv-1527 (LJL), 2022 WL 4484556 (S.D.N.Y. Sept. 27, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender-based failure-to-promote claim asserted under Title VII of the Civil Rights Act of 1964. After reviewing, and rejecting, plaintiff’s other claims – including his claims of national…

Read More Gender-Based Failure-to-Promote Claim Sufficiently Alleged, Court Holds
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In Stancu v. New York City/Parks Dept., 20-CV-10371(ALC), 2022 WL 4581844 (S.D.N.Y. Sept. 29, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s religion-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To establish a hostile work environment … a plaintiff must show…

Read More Religion-Based Hostile Work Environment Claim Sufficiently Alleged
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In McMillian v. New York City Taxi and Limousine Commission et al, No. 20-cv-5722 (LDH), 2022 WL 4539689 (E.D.N.Y. Sept. 28, 2022), the court, inter alia, dismissed plaintiff’s gender-based hostile work environment claim. From the decision: Defendants argue that Plaintiff’s hostile work environment claim should be dismissed because Plaintiff does not provide any concrete examples…

Read More Title VII Hostile Work Environment Claim, Lacking Connection to Gender, Dismissed
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In Myers v. Inspector Mary Christine Doherty et al, 2022 WL 4477050 (2d Cir. Sept. 27, 2022), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal (for failure to state a claim) of plaintiff’s hostile work environment claim asserted under 42 U.S.C. § 1983 (the analysis of which parallels the evaluation of…

Read More Hostile Work Environment Dismissal Affirmed; Conduct, Though Unpleasant, Was Too Sparse to be Actionable
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In Holston v. Janet Yellen, Secretary of Treasury, No. 20-3533, 2022 WL 4355289 (D.D.C. Sept. 20, 2022), 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. After outlining the plaintiff’s allegations, the court explained: Taking the allegations described…

Read More Federal Employee’s Race-Based Hostile Work Environment Claim Survives Dismissal
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In Weekes v. Jetblue Airways Corporation et al, No. 21-CV-1965 (MKB), 2022 WL 4291371 (E.D.N.Y. Sept. 16, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s disability-related hostile work environment claims asserted under the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Disability (Asthma)-Based Hostile Work Environment Claim Sufficiently Alleged Against JetBlue
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In Torres-Medina v. Wormuth, No. 21-1362 (SCC), 2022 WL 3557049 (D.Puerto Rico August 18, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim. From the decision: Torres has shown that she is disabled and that the MSC Management harassed her. To determine whether the harassment did, as she says,…

Read More Disability-Based Hostile Work Environment Claim, Based in Part on Alleged False Accusations of Misconduct, Survives Dismissal
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