FRCP 12(b)(6)

by

In Werahera v. Regents of University of Colorado, No. 21-cv-02776-NYW, 2022 WL 3645979 (D.Colo. August 24, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of hostile work environment asserted under Title VII of the Civil Rights Act of 1964. After explaining the “black letter” law and elements of this claim, the…

Read More Religion and National Origin Discrimination Claims Survive Motion to Dismiss Against Regents of the University of Colorado
Share This:
by

In Beshaw v. MVP Service Corp., 1:21-cv-584 (GLS/CFH), 2022 WL 4094451 (N.D.N.Y. Sept. 7, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age discrimination claim. From the decision: MVP contends that Beshaw has failed to allege facts that give rise to an inference of discrimination with respect to his claim for age…

Read More Age Discrimination Claim Survives Dismissal; Allegations Included Plaintiff’s Replacement by Younger Worker
Share This:
by

In Rojas v. Human Resources Administration, 2022 WL 3716851 (E.D.N.Y. August 29, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. In support of this claim, plaintiff pointed to four incidents that occurred over roughly five months, namely: (1) Plaintiff’s supervisor telling…

Read More Hostile Work Environment Claim Dismissed; “Sarcastic” Comments About “Looks” Etc. Insufficient
Share This:
by

In Cherkasky v. Boyertown Area School District, No. 5:21-cv-5204, 2022 WL 1965899 (E.D.Pa. June 6, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim – even though it dismissed her underlying sex-based discrimination claims. This case is an apt example of how a claim of unlawful “retaliation” may survive under Title…

Read More Retaliation Claims Sufficiently Alleged By Teacher, Despite Dismissal of Underlying Sex-Based Discrimination Claims
Share This:
by

In Cherkasky v. Boyertown Area School District, No. 5:21-cv-5204, 2022 WL 1965899 (E.D.Pa. June 6, 2022), the court, inter alia, dismissed plaintiff’s sex-based discrimination claims under Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act. From the decision: The first and most crucial element to Cherkasky’s discrimination claim is…

Read More Teacher’s Sex-Based Discrimination Claims, Based on Students’ Use of the Word “Bitch,” Dismissed
Share This:
by

In Miro v. City of Bridgeport, No. 3:20CV00346(SALM), 2022 WL 3284400 (D.Conn. Aug. 11, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of sexual harassment – alleged under the rubric of “hostile work environment” and “quid pro quo” theories – in violation of Title VII of the Civil Rights Act of…

Read More Hostile Work Environment and Quid Pro Quo Sexual Harassment Claims Survive Dismissal
Share This:
by

In Harris v. Mayorkas, No. 21-cv-1083 (GMH), 2022 WL 3452316 (D.D.C. Aug. 18, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under title VII of the Civil Rights Act of 1964. After summarizing the applicable standard, the court applied it to the facts as follows: Here, none of Plaintiff’s claims of…

Read More Hostile Work Environment Claim Dismissed; Merely “Uncivil” Conduct Insufficient
Share This:
by

In Steinberg v. Capgemini America, Inc., 2022 WL 3371323 (E.D.Pa. Aug. 16, 2022), the court granted defendant’s motion to compel arbitration and dismiss plaintiff’s complaint alleging sexual harassment, in light of an arbitration agreement between the parties. The crux of the parties’ dispute was the applicability of the Ending Forced Arbitration of Sexual Assault and…

Read More Sexual Harassment Claims Against Capgemini Must Be Resolved in Arbitration; Arbitration-Limiting Statute Inapplicable
Share This:
by

In Chandler v. La-Z-Boy, Inc., No. 5:21-cv-05101-JMG, 2022 WL 3357674 (E.D.Pa. Aug. 15, 2022), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim. Plaintiff based this claim (as well as her discrimination claim) on her manager allegedly referring to her as a “colored girl.” The court explained: A hostile work environment claim under…

Read More Race-Based Hostile Work Environment Claim, Based on Alleged “Colored Girl” Comment, Dismissed
Share This:
by

In Strobel v. Westfield State University, No. 3:21-cv-30074-KAR, 2022 WL 3214965 (D.Mass. August 9, 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. In sum, plaintiff, who was employed by defendant as a maintainer, alleged that…

Read More Sexual Harassment Claim, Including Alleged Buttocks-Grabbing, Sufficiently Alleged
Share This: