FRCP 12(b)(6)

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In Brown v. Denis R. McDonough, in his official capacity as Secretary of Veterans Affairs, 2023 WL 3646933 (D.D.C., May 25, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim(s). The court explained: Although it is clear from her allegations that Ms. Brown had an acrimonious relationship with several…

Read More “Acrimonious” Relationship With Supervisors Did Not Constitute Hostile Work Environment, Court Holds
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In Snowden v. Susan Southerton, County of Sullivan and Sullivan County Adult Care Center, 22-cv-514, 2023 WL 3601654 (S.D.N.Y. May 23, 2023), the court, inter alia, held that plaintiff plausibly alleged claims of race/color discrimination. From the decision: Moreover, plaintiff alleges other facts that indirectly show discrimination by giving rise to a plausible inference of…

Read More Race Discrimination Claims Sufficiently Alleged; Allegations Include Remarks About Hair
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In Mackenzie v. New York City Dept. of Education, No. 21-CV-5711-LTS, 2023 WL 2711848 (S.D.N.Y. March 30, 2023), the court denied defendants’ motion to dismiss plaintiff’s age discrimination claims asserted under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights Law. From the decision:…

Read More Teacher Plausibly Alleges Age Discrimination, Court Holds
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In Edouard v. John S. Connor, Inc., Civil No. 2:22cv263, 2023 WL 3127622 (E.D.Va. April 27, 2023), the court, inter alia, held that plaintiff sufficiently alleged a plausible hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Although Plaintiff’s factual allegations are not overly detailed, the Court…

Read More Title VII Hostile Work Environment Survives Dismissal; Allegations Included Supervisor’s Comments About Chinese Persons’ Appearance and Eating Habits
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In Smith v. CHR Medical Corporation et al, No. 3:22-cv-00743, 2023 WL 3065220 (M.D. Tenn. April 24, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claims alleged under Title VII of the Civil Rights Act of 1964 (based on gender) and the Age Discrimination in Employment Act (based on…

Read More Age/Gender-Based Hostile Work Environment Claims “Barely” Survive Dismissal
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In Colavecchia v. South Side Area School District, 2023 WL 3043777 (W.D.Pa. April 21, 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. From the decision: Under the first prong, a court may conclude that sexual…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal; Allegations Included Repeated Sexual Comments
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In Welcome v. Amplity Inc., Case No. 4:22-cv-00830-RK, 2023 WL 2542617 (W.D.Mo. March 16, 2023), the court, inter alia, denied defendnt’s motion to dismiss plaintiff’s religious discrimination claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Amplity argues that Plaintiffs fail to plead a plausible Title VII claim for…

Read More Title VII Religous Discrimination Claim, Arising From Vaccine Objection, Survives Dismissal
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In Richards v. The Department of Education of the City of New York, 21-cv-338 (LJL), 2023 WL 2876585 (S.D.N.Y. April 10, 2023), the court denied defendants’ motion to dismiss plaintiff’s discrimination claim asserted under the New York City Human Rights Law. This case illustrates the differences between federal anti-discrimination laws, on the one hand, and the broader,…

Read More Race/Religion Discrimination Claim Sufficiently Alleged Against NYC Dept. of Education, Court Holds
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In Duniya v. Power, 2023 WL 2755132 (N.D.Ill. April 3, 2023), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. This case, like so many others, teaches that workplace conduct that is unpleasant in the objective sense will not necessarily give rise…

Read More Hostile Work Environment Claim Dismissed; Conduct Reflected Merely Plaintiff’s Displeasure With Supervisors’ Management of His Work
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A recent decision, McCallum v. Alejandro Mayorkas, Secretary of the U.S. Department of Homeland Security, No. 21-1911 (ABJ), 2023 WL 2571757 (D.D.C. March 20, 2023), the court addressed an issue that is central to many, if not most, allegations of employment discrimination: namely, whether an alleged negative action by an employer constitutes an actionable “adverse…

Read More Removal/Reassignment of Duties Was an “Adverse Employment Action”, Court Holds
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