FRCP 12(b)(6)

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In Wray v. Westchester Medical Center Advanced Physician Services, P.C., et al, 21-CV-00394 (PMH), 2022 WL 3214924 (S.D.N.Y. Aug. 9, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race discrimination claims asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human…

Read More Race Discrimination Claims Sufficiently Alleged Against Westchester Medical Center Advanced Physician Services
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In Harris v. N.Y.C. Human Resources Administration et al, 20 Civ. 2011 (JPC), 2022 WL 3100663 (S.D.N.Y. Aug. 4, 2022), the court, inter alia, held that plaintiff sufficiently alleged age-based hostile work environment claims (in part) asserted under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York…

Read More Age-Based Hostile Work Environment Claims Survive, in Part, Against the N.Y.C. Human Resources Administration
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In Felder v. MGM National Harbor, LLC, No. 20-2373, 2022 WL 2871905 (4th Cir. July 21, 2022), the court, inter alia, vacated the lower court’s order dismissing, for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), plaintiff’s claim of color-based discrimination asserted under Title VII of the Civil Rights Act of…

Read More Fourth Circuit Vacates Dismissal of Title VII Color-Based Discrimination Claim
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In Karamatic v. Peyton Resource Group, L.P., No. 3:21-CV-02304-N, 2022 WL 2972222 (N.D.Tex. July 26, 2022), the court, inter alia, held that plaintiff sufficiently alleged hostile work environment sexual harassment in violation of Title VII of the Civil Rights Act of 1964. In concluding that plaintiff’s complaint adequately alleged actionable sexual harassment, the court explained:…

Read More Sexual Harassment Hostile Work Environment Claim Sufficiently Alleged, Holds Texas Court
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In Banks v. Cypres Chase Condominium Association B, Inc. and Andre Bujold, No. 22-60747-CIV-MORENO, 2022 WL 2870127 (S.D.Fla. July 21, 2022), the court, inter alia, held that plaintiff did not sufficiently allege a race-based hostile work environment claim under 42 U.S.C. § 1981, and accordingly dismissed it under Federal Rule of Civil Procedure 12(b)(6). From…

Read More “You People” Comment Insufficient to Allege Race-Based Hostile Work Environment Claim, Court Rules
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In Sarraj v. Northern Virginia Electric, 2022 WL 2820553 (E.D.Va. July 18, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claims based on race, age, and sex. Initially, the court held that plaintiff – who is over 40 and Iraqi-Kurish – did not sufficiently allege an race and age-based hostile work environment claim,…

Read More Sex-Based Hostile Work Environment Claim Dismissed; Single Comment Insufficient
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In a recent case, Gueye v. H & S Bakery, Inc. et al, Civil Action No. 22-2612, 2022 WL 2805636 (D.N.J. July 15, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age- and disability-based hostile work environment. From the decision: Here, Plaintiff, a plant superintendent, alleges that he was forced to take…

Read More Hostile Work Environment Claims Sufficiently Alleged; Despite Lack of “Egregious” Conduct, Plaintiff Alleged Supervisor’s “Growing Frustration”
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In  DeLaRosa v. New York City Department of Education et al, 21-CV-4051 (JPO), 2022 WL 2752589 (S.D.N.Y. July 14, 2022), the court, inter alia, dismissed plaintiff’s claim(s) of hostile work environment under the Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law, and the New York City Human Rights Law. (The court…

Read More Age-Based Hostile Work Environment Claims Dismissed Against NYC Dept. of Education
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In  DeLaRosa v. New York City Department of Education et al, 21-CV-4051 (JPO), 2022 WL 2752589 (S.D.N.Y. July 14, 2022), the court, inter alia, held that plaintiff sufficiently alleged retaliation, arising from complaints of age discrimination, under the Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law, and the New York…

Read More Retaliation Claims, Arising From Complaints of Age Discrimination, Sufficiently Allege Against NYC Dept. of Education
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In  DeLaRosa v. New York City Department of Education et al, 21-CV-4051 (JPO), 2022 WL 2752589 (S.D.N.Y. July 14, 2022), the court, inter alia, held that plaintiff sufficiently alleged age discrimination under the Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law, and the New York City Human Rights Law. From…

Read More Age Discrimination Claims Sufficiently Alleged Against NYC Dept. of Education
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