FRCP 12(b)(6)

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In Mitura v. Finco Services, Inc. et al, 23-CV-2879 (VEC), 2024 WL 232323 (S.D.N.Y. Jan. 22, 2024), the court, inter alia, held that plaintiff sufficiently alleged an “interference” claim under the New York City Human Rights Law. From the decision: The NYCHRL makes it unlawful “to coerce, intimidate, threaten or interfere with, … any person…

Read More NYC Human Rights Law “Interference” Claim Survives Dismissal
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In Rodriguez v. Excellus Bluecross Blueshield, Inc., 5:22-CV-1050 (GTS/CFH), 2024 WL 196747 (N.D.N.Y. Jan. 17, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race-based discrimination (termination) because of her race in violation of 42 U.S.C. § 1981 and the New York State Human Rights Law. This decision delves into the…

Read More Race Discrimination Sufficiently Alleged Under 42 U.S.C. § 1981, Court Holds
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In Swanson v. Lilly USA, LLC, Case No. 1:23-cv-00831-TWP-TAB (S.D. Ind. Jan. 10, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of age discrimination under the Age Discrimination in Employment Act (ADEA). From the decision: The ADEA makes it unlawful “for an employer to fail or refuse to hire or to…

Read More Age Discrimination Claim Sufficiently Pled; Allegations Include Replacement by Substantially Younger Person
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In De Piero v. Pennsylvania State University et al, CIVIL ACTION NO. 23-2281, 2024 WL 128209 (E.D.Pa. January 11, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of Title VII of the Civil Rights Act of 1964, 42…

Read More White Penn State Professor Sufficiently Alleges Race-Based Hostile Work Environment Claims
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In Nuñez-Renck v. International Business Machines Corporation (IBM), 2023 WL 8464950 (N.D.Tex. Dec. 6, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive as to what a complaint alleging a hostile work environment claim…

Read More Title VII Hostile Work Environment Claim Dismissed; Mere Reference to “Harassment” Insufficient
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In Jenes v. Secretary of Veterans Affairs, SA-22-CV-00740-OLG, 2023 WL 8582600 (W.D.Tex. Dec. 11, 2023), the court, inter alia, held that plaintiff sufficiently alleged claims of discrimination based on sex (female) and national origin (Russian) under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has adequately pleaded an adverse employment…

Read More Title VII Discrimination Claims, Based on Sex and National Origin (Russian), Survives Dismissal, Court Rules
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In a recent case, Stevenson v. United Animal Health, Inc., Case No. 1:23-cv-00509-TWP-CSW, 2023 WL 9040111 (S.D.Ind. Dec. 29, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim for a sex-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964. From the decision: A hostile work environment…

Read More Citing “Bitch” Comments, Court Denies Motion to Dismiss Title VII Sex-Based Hostile Work Environment Claim
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In Clark v. Sampson Regional Medical Center, Incorporated, NO. 5:22-CV-529-FL, 2023 WL 8654920 (E.D.N.C. Dec. 14, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of race & sex-based hostile work environment under Title VII of the Civil Rights Act of 1964. After reciting the elements that a plaintiff must allege to…

Read More Alleged Harassment by CEO Sufficiently Stated Claim for Race, Sex-Based Hostile Work Environment, Court Holds
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In a recent case, Treadwell v. District of Columbia, Case No. 23-cv-03616 (CRC), 2023 WL 8764349 (D.D.C. Dec. 19, 2023), the court, inter alia, held that plaintiff plausibly alleged a claim of age discrimination arising from alleged offensive, age-related comments. From the decision: Though not by much, Treadwell has sufficiently pled that OAG subjected her…

Read More Age-Related Comments Plausibly Support Hostile Work Environment Claim, Court Holds
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In Koonce v. Whole Foods Market Group, Inc., 2023 WL 8355926 (S.D.N.Y. Dec. 1, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under the New York State Human Rights Law. From the decision: Here, plaintiff’s allegations satisfy the minimal burden necessary to state a race discrimination claim…

Read More Race Discrimination Claim Plausibly Alleged Against Whole Foods, Court Holds
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