FRCP 12(b)(6)

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In Gardner-Alfred v. Federal Reserve Bank of New York, 2023 WL 253580 (S.D.N.Y. Jan. 26, 2023), the court, inter alia, permitted plaintiff’s religious discrimination claim, asserted under Title VII of the Civil Rights Act of 1964, to continue. This decision is instructive as to what constitutes “religion” within the meaning of Title VII: Gardner-Alfred has…

Read More Title VII Religious Discrimination Claim, Arising From Termination Due to Vaccine Refusal, Survives Dismissal
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In Stripling v. Ingram Barge Company, LLC, No. 3:21-cv-00654, 2022 WL 17475764 (M.D.Tenn. Dec. 6, 2022), 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: A prima facie claim for discrimination arising out sexual…

Read More Sexual Harassment (Hostile Work Environment) Claim Sufficiently Alleged; Court Rejects Defense Argument Focusing on “Discrete” Acts
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In Garcia v. Denver Health Medical Center, Civil Action No. 22-cv-01651-CNS-MEH, 2023 WL 22186 (D.Colo. January 3, 2023), the court, inter alia, found that plaintiff plausibly alleged her claim of “reverse” race discrimination, asserted under Title VII of the Civil Rights Act of 1964, be denied. From the decision: Plaintiff also claims that she suffered…

Read More “Reverse” Race Discrimination (Hostile Work Environment) Claim Sufficiently Alleged, Colorado District Court Holds
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In Small v. New York City Department of Education et al, 1:21-cv-1527-GHW, 2023 WL 112546 (S.D.N.Y. Jan. 5, 2023), the court, inter alia, held that plaintiff – a teacher – sufficiently alleged a sexual orientation-based hostile work environment claim under the New York City Human Rights Law (but not under Title VII of the Civil Rights Act…

Read More Student-on-Teacher Sexual Orientation Hostile Work Environment Claim Survives Dismissal Under NYC Law
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In Anderson v. US Polymers-Accurez, LLC, Case No. 4:22-cv-1022-MTS, 2022 WL 17496062 (E.D.Mo. Dec. 8, 2022), the court denied defendant’s motion to dismiss plaintiff’s complaint alleging race discrimination and retaliation under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. This case is instructive as to how courts assess the pleading sufficiency…

Read More Race Discrimination Claims Sufficiently Alleged; Forced Transfer May Constitute an “Adverse Employment Action”
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In Mauro v. New York City Department of Education, No. 21-2671, 2022 WL 17844438 (2d Cir. Dec. 22, 2022), the court vacated the district court’s order dismissing plaintiff’s race discrimination claim, asserted under Title VII of the Civil Rights Act of 1964, for failure to state a claim. This decision illustrates the (relatively) low burden…

Read More Race Discrimination Claim Sufficiently Alleged; “Poor Fit” Comments Supported Allegations
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In Torres v. Gulf Coast Jacks, Inc., No. 4:21-CV-00019, 2022 WL 7579036 (S.D.Tex. Oct. 13, 2022), the court, inter alia, held that plaintiff sufficiently pleaded a claim for race discrimination under Title VII of the Civil Rights Act of 1964. From the decision: A complaint attacked by a Rule 12(b)(6) motion to dismiss does not…

Read More Title VII Race Discrimination Sufficiently Pled; Allegations Included Threat to Call Immigration Authorities
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In D’Anzieri v. Harrison Global LLC et al, 21-CV-8506 (VEC), 2022 WL 17404254 (S.D.N.Y. Dec. 2, 2022), the court denied defendants’ motion to dismiss plaintiff’s discrimination and retaliation claims, asserted under the New York State and City Human Rights Laws, on the basis of those statutes’ geographic reach. From the decision: The NYCHRL and NYSHRL…

Read More Sex, Age Discrimination Claims Survive Dismissal; Alleged Conduct Was Sufficiently Tied to New York
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In Laurent-Workman v. Wormuth, No. 21-1766, 2022 WL 17256701 (4th Cir. Nov. 29, 2022), the U.S. Court of Appeals for the Fourth Circuit, inter alia, vacated a lower court order dismissing plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: The district court concluded…

Read More Race-Based Hostile Work Environment, Based on an Alleged “Series of Hateful Workplace Encounters,” Sufficiently Alleged
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In Bautista v. PR Gramercy Square Condominium et al, No. 21-cv-11093 (ER), 2022 WL 17156628 (S.D.N.Y. Nov. 22, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race-based discrimination (termination) in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, the New York State Human…

Read More Discrimination (Termination) Claims Sufficiently Alleged; Allegations Included Replacement by White Employees and “Cover Up”
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