FRCP 12(b)(6)

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In Hines v. Leafguard Holdings Inc., No. 25-CV-00306-LKG, 2026 WL 776078 (D. Md. Mar. 19, 2026), the court, inter alia, the court declined to dismiss plaintiff’s race- and sex-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964. After dismissing plaintiff’s Pregnancy Discrimination Act discrimination claim, the court proceeded…

Read More Title VII Race and Sex-Based Hostile Work Environment Claims Survive Dismissal
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In Warden v. Richard Fordyce et al, No. 6:25-CV-01467-MC, 2026 WL 735346 (D. Or. Mar. 16, 2026), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim. From the decision: The sum of Plaintiff’s factual allegations is insufficient to state a claim based on a hostile work environment. First, Plaintiff attempts…

Read More Disability-Based Hostile Work Environment Claim Dismissed; Alleged “Unpleasant” “Mistreatment” Insufficient
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In Vuong v. United States Department of Veterans Affairs, No. 25-20199, 2026 WL 737338 (5th Cir. Mar. 16, 2026), the U.S. Court of Appeals for the Fifth Circuit reversed a lower district court’s ruling dismissing plaintiff’s hostile work environment claim, finding no basis for the “pleading deficiency” cited by the lower court. From the decision:…

Read More Hostile Work Environment Claim Dismissal Due to “Pleading Insufficiency” Reversed
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In Depamphilis v. Town of Newington et al, No. 3:25-CV-00524 (SVN), 2026 WL 674501 (D. Conn. Mar. 10, 2026), the court, inter alia, held that plaintiff sufficiently alleged that she suffered a hostile work environment based on her sex. The court summarized the legal requirements for this claim as follows: Title VII of the Civil…

Read More Sex-Based Hostile Work Environment Claim Survives Dismissal, Court Holds
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In Lara-Nieves v. Commonwealth of Puerto Rico et al, No. CV 24-1358 (RAM), 2026 WL 658905 (D.P.R. Mar. 9, 2026), the court, inter alia, denied defendant’s motion dismiss plaintiff’s hostile work environment sexual harassment claim asserted under the Equal Protection Clause of the 14th Amendment. After summarizing the black-letter law – including the principle that…

Read More Hostile Work Environment Sexual Harassment 14th Amendment Equal Protection Claim Survives Dismissal
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In Memmer v. United Wholesale Mortgage, No. 23-CV-10921, 2026 WL 561393, at *8 (E.D. Mich. Feb. 27, 2026), the court, inter alia, granted defendants’ motion to compel arbitration and to dismiss plaintiff’s complaint, finding that plaintiff’s claims did not trigger the application of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of…

Read More Sexual Harassment Insufficiently Alleged; EFAA Inapplicable; Arbitration Compelled
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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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