FRCP 12(b)(6)

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In Onely v. Redner’s Markets, Inc., No. 21-4785, 2022 WL 1773606 (E.D.Pa. June 1, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim in violation of Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. From the decision: After disregarding legal conclusions, the…

Read More Race-Based Hostile Work Environment Claims Survive Dismissal; Allegations Included Reference to “Offensive” Hair
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In Douglas v. Cruise Yacht Op. Co. Ltd. et al, 2022 WL 1719312 (S.D.Fla. May 27, 2022), the court, inter alia, held that plaintiff sufficiently alleged a disparate treatment race discrimination claim. From the decision: According to the United States Supreme Court, “ ‘[d]isparate treatment’…is the most easily understood type of discrimination. The employer simply…

Read More Race Discrimination Claim Sufficiently Alleged; Discriminatory Motive Need Not Be Proven at the Pleading Stage
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In Hunley v. DTLR Villa, Inc., 22-CV-6010L, 2022 WL 1447737 (W.D.N.Y. May 9, 2022), the court granted defendant’s motion to dismiss plaintiff’s discrimination and retaliation claims asserted under Title VII of the Civil Rights Act of 1964. This case teaches that a plaintiff may not prevail on such a claim by merely alleging that (a)…

Read More Title VII Sex/Race-Based Discrimination, Retaliation Claims Dismissed; Link Between Protected Class(es) and Adverse Action Was Lacking
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In Turner v. Copeland Group USA Inc, 2022 WL 1508446 (S.D.Tex. May 10, 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. The court summarized the relevant facts as follows: Plaintiffs Vanessa La Barrie and Celmira Turner…

Read More Race-Based Hostile Work Environment Claim, While Based on “Scant” Allegations, Survived Dismissal
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In Makhsudova v. City of New York et al, 2022 WL 1571152 (S.D.N.Y. May 18, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claims 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 Hostile Work Environment Claims, Asserted by Muslim Uzbek Woman, Survive Dismissal
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In Lewis v. Exelon Corp., et al., 21-cv-3299, 2022 WL 1556329 (D.D.C. May 17, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: According to Lewis, his supervisor’s behavior was “severe and pervasive,” Compl. ¶ 17, but this is a conclusory allegation that the Court need not take as true.…

Read More Disability (Asthma)-Based Hostile Work Environment Claim Dismissed
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In Wallace v. Crab House, Inc. et al, 21-cv-5757 (LJL), 2022 WL 1501089 (S.D.N.Y. May 12, 2022), the court dismissed plaintiff’s claims of race discrimination and hostile work environment asserted under federal, state, and local law. In sum, plaintiff (who is African American) alleges that he and two employees of Hispanic descent were treated differently…

Read More Federal (42 U.S.C. § 1981) Race-Based Hostile Work Environment Claim Dismissed; Accusations of Tip Theft Etc. Insufficient
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In Errickson v. Lakeland Regional Medical Center, Inc., 8:22-cv-533-VMC-CPT, 2022 WL 1487588 (M.D.Fla. May 11, 2022), the court dismissed plaintiff’s disability-based hostile work environment claim asserted under the Americans with Disabilities Act. After summarizing the “black letter” law, the court applied it to the facts: Although the issue of whether harassment was severe and pervasive…

Read More “Unpleasant” Conduct Nevertheless Insufficient to Give Rise to a Plausible ADA Hostile Work Environment Claim, Court Holds
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In Grant v. Baltimore Police Department, No. RDB-21-2173, 2022 WL 1321593 (D.Md. May 3, 2022), the court, inter alia, dismissed plaintiff’s claim of hostile work environment asserted under Title VII of the Civil Rights Act of 1964. This case illustrates that not everything negative that happens to an employee in the workplace will give rise…

Read More Title VII Race- and Gender-Based Hostile Work Environment Claims Dismissed; Single Comments Insufficient
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In Sherman v. Kendall, CIV-21-484-F, 2022 WL 1094617 (W.D.Okla. April 12, 2022), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment and constructive discharge claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: Upon review, the court again concludes that Sherman has failed to…

Read More Lack of Racial Motivation Dooms Hostile Work Environment, Constructive Discharge Claims
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