FRCP 12(b)(6)

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In Eberra v. Walmart Associates, Inc. et al, No. 25-2307-DDC-ADM, 2026 WL 555378 (D. Kan. Feb. 27, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliatory hostile work environment claim under 42 U.S.C. § 1981. From the decision: The court thus starts by determining whether plaintiff has stated a plausible retaliatory-hostile-work-environment claim.…

Read More Retaliatory Hostile Work Environment Claims Sufficiently Alleged Under 42 U.S.C. § 1981 Against Walmart and Individual Defendants, Court Holds
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In Equal Employment Opportunity Commission v. Sunrooms and More Design Center, Inc., No. CIV-24-01016-PRW, 2026 WL 483481 (W.D. Okla. Feb. 20, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized plaintiff’s allegations as follows: Shannon…

Read More Title VII Sex-Based Hostile Work Environment Claim Sufficiently Alleged, Court Finds
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In Eskinazi v. Corporate Subscription Management Services, LLC, No. 2:25-CV-04879 (BRM) (JRA), 2026 WL 445809 (D.N.J. Feb. 17, 2026), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claim(s). From the decision: To succeed on a hostile work environment claim, a “plaintiff must establish that 1) the employee suffered intentional discrimination…

Read More Hostile Work Environment Claim(s) Sufficiently Alleged; Evaluation of “Severe or Pervasive” Element Best Suited to Summary Judgment
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In Runnels v. State of Kansas, No. 25-1104-EFM-TJJ, 2026 WL 395211 (D. Kan. Feb. 12, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation under Title VII of the Civil Rights Act of 1964. From the decision: To state a case for retaliation under Title VII, a plaintiff must show…

Read More Title VII Retaliation, But Not Race and Sex Discrimination, Claims Sufficiently Alleged
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In Palermo v. Luxor Staffing, Inc., No. 3:25-CV-00499, 2026 WL 300771 (M.D. Tenn. Feb. 4, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. The court summarized the following allegations from plaintiff’s complaint: 19. The harassment was both…

Read More Sexual Harassment Claim Survives Dismissal; Allegations Included Physical Assault and Verbal Harassment
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In Stashak v. Phreesia, Inc., No. 25-CV-3808 (JMF), 2026 WL 249631 (S.D.N.Y. Jan. 30, 2026), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under the Age Discrimination in Employment Act (ADEA). From the decision: To bring a hostile work environment claim under the ADEA, a plaintiff “must show…

Read More Age-Based Hostile Work Environment Claim Sufficiently Alleged; Allegations Include Age-Based Jokes and Comments
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In Shuby v. Yale Univ., No. 3:25-CV-645 (AWT), 2026 WL 63352 (D. Conn. Jan. 8, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s disability and age discrimination claims under the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA). As to plaintiff’s disability discrimination claims, the court explained:…

Read More Citing “Stray Remarks” Doctrine, Court Dismisses Age, Disability Discrimination Claims
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In Garcia v. ECPI Univ. LLC, No. 2:25-CV-245, 2026 WL 66749 (E.D. Va. Jan. 8, 2026), the court held that plaintiff alleged a “sexual harassment dispute” under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), and thus denied defendant’s motion to compel arbitration of plaintiff’s claim under Title IX…

Read More Sexual Harassment Claim Stated Under Title IX; Motion to Compel Arbitration Denied Under EFAA
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In Sheehan v. Everstory Partners et al, No. CV 24-6581, 2025 WL 3727863 (E.D. Pa. Dec. 23, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claims. As to one plaintiff, the court explained: Defendants argue that the Amended Complaint fails to allege the first element of a…

Read More Hostile Work Environment Sexual Harassment Claims Survive Dismissal
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In Ibrahim v. Marco A. Rubio, No. 1:24-CV-02915 (TNM), 2025 WL 3718637 (D.D.C. Dec. 23, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age discrimination claim asserted under the Age Discrimination in Employment Act (ADEA). From the decision: Ibrahim states a plausible ADEA claim. He is 65 years old. Compl. ¶ 47.…

Read More U.S. Embassy Employee Plausibly Alleges ADEA Age Discrimination Claim, Court Holds
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