FRCP 12(b)(6)

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In Wimberly v. automotiveMastermind, Inc., No. 20-2880, 2021 WL 2043623 (SDNY May 21, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s employment discrimination claims asserted under the Americans with Disabilities Act, 42 U.S.C. §§ 12203 & 12112 (ADA), Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et…

Read More Title VII, ADA, GINA Claims Survive Dismissal on Administrative Exhaustion Grounds
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In Wimberly v. automotive Mastermind, Inc., No. 20-2880, 2021 WL 2043623 (SDNY May 21, 2021), the court, inter alia, dismissed, under Federal Rule of Civil Procedure 12(b)(6), plaintiff’s claim asserting a racially hostile work environment under 42 U.S.C. § 1981. The law, as summarized by the court: In order to establish a hostile work environment…

Read More Section 1981 Hostile Work Environment Race Discrimination Claim Dismissed; Disproportionate Scrutiny, “Ghetto” Comments, Etc. Insufficient
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In Butrym v. Sarsick et al, 20-CV-292, 2021 WL 1927073 (N.D.N.Y. May 13, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the Americans with Disabilities Act. Initially, the court discussed the viability of such claims under that statue: Because the ADA echoes and expressly refers to Title VII, and because…

Read More Hostile Work Environment Claim, Asserted Under the Americans with Disabilities Act, Dismissed
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In Butrym v. Sarsick et al, 20-CV-292, 2021 WL 1927073 (N.D.N.Y. May 13,  2021), the court, inter alia, held that plaintiff plausibly alleged claims that defendants failed to accommodate her disability, and terminated her because of her disability, in violation of the Americans with Disabilities Act. The court summarized plaintiff’s claims, in part, as follows:…

Read More Disability Discrimination Claims Survive Dismissal; Court Notes Denial of Plaintiff Request for Separation From Alleged Harasser
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In Leach v. University at Buffalo Pediatric Associates, Inc., 2021 WL 1723129 (W.D.N.Y. April 30, 2021), the court held that plaintiff sufficiently alleged age and gender discrimination claims. From the decision: Taking Leach’s allegations as true, she has adequately pleaded the adverse action element of a claim. She states that she was offered a choice…

Read More Age and Gender Discrimination Claims, Arising From Allegation of Forced Retirement, Survive Dismissal
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In Vail v. The Town of Cayuta et al, 2021 WL 1788523 (WDNY May 5, 2021), the court held that plaintiff (a public employee and candidate for public office) plausibly alleged a First Amendment retaliation claim. This decision is instructive as to when speech is “on a matter of public concern”, which it must be…

Read More First Amendment Retaliation Claim Survives Motion to Dismiss; Sign-Removal Accusation Was a “Matter of Public Concern”
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In Akhtar v. Saudia d/b/a Saudi Arabian Airlines Corp., 2021 WL 1758807 (S.D.N.Y. May 4, 2021), the court held, inter alia, that plaintiff sufficiently alleged national origin and gender-based hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws. As to…

Read More Gender and National Origin-Based Hostile Work Environment Claims Continue Against Saudi Arabian Airlines
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In Sapio v. Selux Corporation et al, 2021 WL 1568819 (2d Cir. April 22, 2021) (Summary Order), the U.S. Court of Appeals for the Second Circuit vacated the lower court’s dismissal of plaintiff’s race discrimination claim asserted under 42 USC § 1981. From the Order: The District Court dismissed Sapio’s Section 1981 claim on the…

Read More Race Discrimination Dismissal Vacated; Court Cites Allegedly False Reasons For Termination
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In Jaffery v. Downtown Pharmacy, Inc., et al, 20 Civ. 3437, 2021 WL 1199074 (S.D.N.Y. March 30, 2021) (J. Daniels), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s discrimination and hostile work environment claims under 42 USC § 1981. From the decision: Here, Plaintiff alleges both a hostile work environment and discriminatory adverse employment…

Read More Section 1981 Employment Discrimination Claim Survives Dismissal Against Pharmacy
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In Felton v. Monroe Community College et al, 6:20-CV-06156, 2021 WL 1132411 (W.D.N.Y. March 24, 2021), the court held, inter alia, that plaintiff sufficiently alleged race discrimination, and denied defendant’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). From the decision: Plaintiff’s allegations as to discriminatory motive are admittedly thin. However, construing Plaintiff’s…

Read More Race Discrimination Claim Sufficiently Alleged Against Monroe Community College
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