FRCP 12(b)(6)

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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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In Broadway v. University of Maryland, Global Campus, 2023 WL 4421406 (D.Md. July 7, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim. This decision, like many others, illustrates the application of the “severe or pervasive” standard to such claims. The court explained: Plaintiff generally asserts that her immediate…

Read More Hostile Work Environment Claims Dismissed; Generalized Assertions of Harasment and Bullying Insufficient
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In Brown v. Port Authority Transit Corporation, et al, Civil Action No. 22-3199, 2023 WL 4747678 (E.D.Pa. July 24, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1981. The court summarized the elements of such a claim in the Third Circuit, namely:…

Read More “Work Ethic” Comment Did Not Support Race-Based Hostile Work Environment Claim
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In T.D.H. v. Kazi Foods of New Jersey, Inc., Civil No. 5:23-cv-00634-JMG, 2023 WL 4567722 (E.D.Pa. July 17, 2023), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision: To state a Title VII claim for…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Contentions Include Comments That Go Beyond “Occasional Offhand Comments”
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In Gulchuk v. Titan Surgical Group, LLC, 2023 WL 4366363 (W.D.Mo. July 6, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s religion-based hostile work environment claim. From the decision: To survive a motion to dismiss a hostile work environment claim, a plaintiff must allege facts showing: (1) he is a member of…

Read More Religion-Based Hostile Work Environment Claim, Based on Mocking and Harassing of Religious Beliefs, Survives Dismissal
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In Steiner v. Giant of Maryland, LLC, 2023 WL 4421373 (D.Del. July 10, 2023), the court dismissed plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: In reviewing a hostile work environment claim, the Court must look to the totality of the circumstances…

Read More Recent Decision Illustrates Demanding Standard for Proving a Title VII Hostile Work Environment Sexual Harassment Claim
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