FRCP 12(b)(6)

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In Quinones v. City of Binghamton et al, No. 3:19-cv-1460,  2022 WL 43764 (N.D.N.Y. Jan. 5, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of a race-based hostile work environment asserted pursuant to 42 U.S.C. § 1981. After summarizing the “black letter” law governing plaintiff’s hostile work environment claim, the court…

Read More Hostile Work Environment Claim, Based on Anti-Hispanic Ridicule, Sufficiently Alleged
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In Basso v. Willow Run Foods, Inc., No. 3:21-cv-00811, 2022 WL 35927 (N.D.N.Y. Jan. 03, 2022), the court, inter alia, held that plaintiff sufficiently alleged disability discrimination under the Americans with Disabilities Act (ADA). From the decision: Willow Run’s first assertion, that Basso fails to allege an adverse employment action, is simply incorrect. Plaintiff clearly…

Read More Crohn’s Disease Suffering Plaintiff Sufficiently Alleges ADA Disability Discrimination Claim, Court Holds
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In Brooks v. Prevention Point, No. 20-06379, 2021 WL 6125205 (E.D.Pa. Dec. 28, 2021), the court, inter alia, held that plaintiff sufficiently alleged his claims of race discrimination. The court explained that, in order to make out a prima facie case of discrimination, plaintiff was required to show four elements, namely, that he “(1) is…

Read More Race Discrimination Claims Plausibly Alleged; Allegations Included Singling Out Etc.
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In Sharp v. S&S Activewear, LLC, 2021 WL 5826310 (D.Nev. Dec. 8, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation. This case illustrates that a retaliation claim may succeed even where the underlying allegations constituting “protected activity” – here, a claim of sexual harassment based on, among other things, allegedly misogynistic…

Read More Retaliation Claim Sufficiently Alleged, Notwithstanding Dismissal of Underlying Sexual Harassment Claim
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In Cruz v. City of New York et al, No. 21-cv-1999, 2021 WL 5605139 (S.D.N.Y. Nov. 30, 2021), the court, inter alia, held that plaintiff stated claims for disability discrimination in the form of a failure to accommodate under the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the…

Read More Disability Discrimination (Failure to Accommodate) Claim Sufficiently Alleged Against NY Health & Hospitals Corp.
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In Solomon v. County of Nassau, No. 20-cv-5227, 2021 WL 5631766 (E.D.N.Y. Dec. 1, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of disability discrimination asserted under the Americans with Disabilities Act (ADA). The court summarized the black-letter law regarding discrimination based on (including failure to accommodate) one’s “disability”: Discrimination under…

Read More ADA Discrimination Claim Sufficiently Alleged; Facts Indicated “Animosity” to Accommodate Plaintiff’s Disability
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In Myers v. Inspector Mary Christine Doherty et al, No. 21 Civ. 219, 2021 WL 5599502 (S.D.N.Y. Nov. 30, 2021), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s complaint alleging a race-based hostile work environment under 42 U.S.C. § 1983 and the New York City Human Rights Law. The court held that plaintiff’s…

Read More Hostile Work Environment Claim Dismissed; “Hostile Looks”, “Castigation”, “Coldness” Bow Tie Remarks Held Insufficient
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In James v. Borough of Manhattan Community College et al, 20-cv-10565, 2021 WL 5567848 (S.D.N.Y. Nov. 29, 2021), the court, inter alia, dismissed plaintiff’s claims of a race- and age-based hostile work environment. This case aptly illustrates that a “work environment” that might be “hostile” in the ordinary sense is not necessarily a “hostile work…

Read More Hostile Work Environment Claim Dismissed; “Climate of Fear” Allegation Insufficient
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In Sanchez v. Chevron North America Exploration and Production Co., 2021 WL 5513509 (5th Cir. Nov. 24, 2021), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. After summarizing the “black letter” law, the court applied…

Read More Hostile Work Environment, Based on Race and National Origin, Sufficiently Alleged
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In Equal Employment Opportunity Commission v. Al Meghani Enterprise, Inc. d/b/a/ The Wireless Solutions, SA-21-CV-00760-JKP, 2021 WL 5450147 (W.D.Tex. Nov. 19, 2021), the court, inter alia, held that plaintiff sufficiently alleged “quid pro quo” sexual harassment under Title VII of the Civil Rights Act of 1964. From the decision: With regard to the quid pro…

Read More Quid Pro Quo Sexual Harassment Claim Sufficiently Alleged; Termination Followed Rejection of Sexual Advances
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