FRCP 12(b)(6)

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In Byfield v. New York City Department of Education, 22 Civ. 5869 (KPF), 2023 WL 8435183 (S.D.N.Y. Dec. 5, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of retaliation asserted under the Americans with Disabilities Act and the Rehabilitation Act. From the decision: As an initial matter, Plaintiff plausibly alleges the…

Read More Retaliation Claims Sufficiently Alleged; Payroll Deductions Followed Remote Work Request
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In Russell-Webster v. Gina Raimondo, Secretary of the United States Department of Commerce, Case No. CIV-22-1074-D, 2023 WL 8358562 (W.D.Okla. Dec. 1, 2023), the court, inter alia, held that plaintiff adequately stated a plausible retaliation claim under Title VII of the Civil Rights Act of 1964. The court explained: To state a prima facie case…

Read More Title VII Retaliation Claim, Based on Oral Discrimination Complaint, Sufficiently Alleged
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In Sadowski v. Suppi Construction, Inc., C.A. No. N22C-11-149 SPL, 2023 WL 8282052 (Del.Super. Nov. 30, 2023), the court, inter alia, held that plaintiff sufficiently alleged gender discrimination under the Delaware Discrimination in Employment Act (which, the court noted, it was interpreting consistently with Title VII of the Civil Rights Act of 1964). From the…

Read More Sex/Gender Discrimination Sufficiently Alleged; Allegations Include Male Subordinates Ignoring Female Plaintiff’s Direction
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In Dalton, Tamika v. Sweet Honey Tea, Inc. and Darrell DeShazer, No. 23 CV 01793, 2023 WL 8281524 (N.D.Ill. Nov. 30, 2023), 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 and local (state) law. From the…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Allegations Included Unwanted Sexual Advances Leading to Constructive Discharge
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In Luo v. AIK Renovation Inc. et al, 23-cv-5878 (LJL), 2023 WL 8113437 (S.D.N.Y. Nov. 22, 2023), the court, inter alia, held that plaintiff sufficiently alleged hostile work environment claims based on his Chinese descent, and denied defendant’s motion to dismiss. After determining that plaintiff sufficiently allege disparate treatment, the court evaluated his hostile work…

Read More Hostile Work Environment Claims, Arising From Anti-Chinese and Anti-Black Slurs, Survive Dismissal
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In Luo v. AIK Renovation Inc. et al, 23-cv-5878 (LJL), 2023 WL 8113437 (S.D.N.Y. Nov. 22, 2023), the court, inter alia, held that plaintiff sufficiently alleged employment discrimination (disparate treatment) based on his Chinese descent, and denied defendant’s motion to dismiss. From the decision: Plaintiff has pleaded sufficient facts to give rise to a claim…

Read More Employment Discrimination Claims, Based on Chinese Descent, Survive Dismissal
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In Kayode v. Merrick B. Garland, Case No. 1:22-cv-03802 (TNM), 2023 WL 8083638 (D.D.C. Nov. 21, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim under Title VII of the Civil Rights Act of 1964. Here, in sum, plaintiff alleged that she was treated in a “rude”, “offensive”, and…

Read More Title VII Hostile Work Environment Claim, Based on Supervisor’s Conduct, “Barely” Survives Dismissal
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In D’Cunha v. Northwell Health Systems, 2023 WL 7986441 (2d Cir. Nov. 17, 2023), the court, inter alia, affirmed the dismissal of plaintiff’s sex/pregnancy discrimination claim asserted under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that she was terminated due to her having not received the COVID vaccine, notwithstanding…

Read More 2nd Circuit Affirms Dismissal of Sex/Pregnancy Discrimination Claim Arising From Termination Due to Not Receiving COVID Vaccine
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In Maldonado v. City of Midland, MO:23-CV-00037-DC-RCG, 2023 WL 6978077 (W.D.Tex. October 5, 2023), the court, inter alia, recommended the dismissal of plaintiff’s claim of sexual harassment claim, asserted under Title VII of the Civil Rights Act of 1964, on the ground that she failed to exhaust her administrative remedies as to that claim. From…

Read More Title VII Sexual Harassment Claim Dismissed, as Not Administratively Exhausted
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In Sunkins v. Hampton Roads Connector Partners, No. 2:23cv91, 2023 WL 7411761 (E.D.Va. Nov. 9, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. Plaintiff’s allegations are based on alleged sexual comments made to her by…

Read More Hostile Work Environment Sexual Harassment Claims Survive Dismissal; Allegations Included Supervisor’s Direct Sexual Proposition Following Complaint
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