FRCP 12(b)(6)

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In Chin v. New York City Department of Corrections and The City of New York, 23-CV-5268 (AMD) (JAM), 2024 WL 2258033 (E.D.N.Y. May 17, 2024), the court denied defendants’ motion to dismiss plaintiff’s retaliation claims, asserted under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law, against…

Read More Retaliation Claim, Arising From Alleged Retaliation Less Than Two Months After EEOC Found That Complaint Had Merit, Sufficiently Alleged Against City of New York
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In Aleasta Callahan v. Xayah Enterprises, LLC, No. 23 CV 3265, 2024 WL 2113092 (N.D.Ill. May 10, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision: Defendants first argue that plaintiff cannot adequately plead…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Allegations Included Forceful Buttocks Grabbing
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In Aleasta Callahan v. Xayah Enterprises, LLC, No. 23 CV 3265, 2024 WL 2113092 (N.D.Ill. May 10, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s constructive discharge/sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision: Defendant argues that plaintiff’s sex discrimination claim is implausible because…

Read More Constructive Discharge Sufficiently Alleged; Court Cites Groping, Sexual Comment, and Threat at Gunpoint
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In Aly v. Janet L. Yellen et al, 2024 WL 2053492 (D.Md. May 8, 2024), the court, inter alia, the court granted defendant’s motion to dismiss plaintiff’s hostile work environment claim. From the decision: Ms. Aly has failed to allege facts sufficient for the court to plausibly infer that the alleged conduct was sufficiently severe…

Read More National Origin Discrimination-Based Hostile Work Environment Claim Dismissed
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In Gray v. Minnesota Mining and Manufacturing Company, 3:23-CV-01069 (VDO), 2024 WL 1879745 (D.Conn. April 30, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim. From the decision: To establish a claim of hostile work environment, the workplace [must be] permeated with discriminatory intimidation, ridicule, and insult that is…

Read More Hostile Work Environment Claim Dismissed; Comments and Incidents Were “Isolated” and “Episodic”
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In Mattioda v. Nelson, 2024 WL 1710665 (9th Cir. April 22, 2024), the U.S. Court of Appeals for the Ninth Circuit, inter alia, held that plaintiff (a NASA employee) plausibly alleged a disability-based hostile work environment claim in violation of the Retaliation Act of 1973, 29 U.S.C. § 791 et seq. In sum, plaintiff –…

Read More 9th Circuit Reverses Dismissal of NASA Scientist’s Disability-Based Hostile Work Environment Claim
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In Latif v. The City of New York et al, 20 Civ. 8248 (AT), 2024 WL 1348827 (S.D.N.Y. March 28, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of hostile work environment under the New York City Human Rights Law. Among other things, the plaintiff “alleges that she was the target…

Read More Plaintiff Sufficiently Alleges Race-Based Hostile Work Environment Claim Under City, But Not Federal or State, Law, Court Holds
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In Defranco v. New York Power Authority, 20-CV-1861-LJV, 2024 WL 1621533 (W.D.N.Y. April 15, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability (hearing impairment) based hostile work environment asserted under the Americans with Disabilities Act and the New York State Human Rights Law. From the decision: This Court finds that the…

Read More Hearing Impairment-Based Hostile Work Environment Claim Survives Dismissal
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In Farah v. Emirates and Emirates Severance Plan, 21-CV-05786-LTS, 2024 WL 1374762 (S.D.N.Y. March 31, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’ claim of discrimination based on national origin (American). From the decision: To plead a prima facie case of intentional discrimination under Title VII, Plaintiffs must plausibly allege: (1) they…

Read More National Origin (American) Discrimination Claims Survive Dismissal Against Emirates
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In Polenik v. Janet Yellen, 2024 WL 1466783 (M.D.Pa. April 4, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s “quid pro quo” sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To allege a quid pro quo sexual harassment claim under Title VII, Polenik must…

Read More Quid Pro Quo Sexual Harassment Claim Dismissed; Constructive Discharge Alone Was Insufficient
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