FRCP 12(b)(6)

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In Kalarickal v. Denis McDonough, Secretary, Department of Veterans Affairs, 20-cv-10249, 2021 WL 5112907 (S.D.N.Y. Nov. 3, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim on the basis of his age, color, disability, national origin, race, and religion. This case illustrates that a “hostile work environment” does not exist merely by virtue…

Read More Hostile Work Environment Claim Dismissed; Allegations of “Burdensome” Work Schedule, Swearing, and Thrown Phone Held Insufficient
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In Arbouin v. Bob’s Discount Furniture, LLC, 20-CV-1893, 2021 WL 4458932 (E.D.N.Y. Sept. 29, 2021), the court, inter alia, held that plaintiff sufficiently (i.e., plausibly) alleged a retaliation claim, arising from her complaints of sexual harassment. Marching through the elements of a retaliation claim, namely, (1) protected activity, (2) adverse employment action, and (3) a…

Read More Retaliation Claim, Arising From Sexual Harassment Complaints, Survives Dismissal
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In Patalonis v. Outreach Development Corp., 19-CV-01306, 2021 WL 5013796 (E.D.N.Y. Oct. 27, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s religious discrimination claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. As to Title VII, the court explained: To establish…

Read More Religious Discrimination Claims Survive Dismissal; Termination Followed Advising Patient to Pray
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In Pollock v. Dermot Shea & City of New York, 20-cv-6273, 2021 WL 4962736 (S.D.N.Y. Oct. 26, 2021), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s gender discrimination claims against the defendants under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law. Initially, the court…

Read More Court: Gender Discrimination Claims Sufficiently Alleged Against City of New York and Individual Defendant
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In Ndugga et al v. Bloomberg L.P. et al, 20-cv-7464, 2021 WL 4952486 (S.D.N.Y. Oct. 25, 2021), the court, inter alia, held that a plaintiff sufficiently alleged a gender-based hostile work environment (specifically, that she was “treated less well”) because of her gender, under the New York City Human Rights Law. From the decision: Ms.…

Read More Gender-Based Hostile Work Environment Claim Sufficiently Alleged Against Bloomberg L.P.
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In Reyes v. Westchester County Health Care Corporation, d/b/a Westchester Medical Center et al, 2021 WL 4944285 (2d Cir. Oct. 25, 2021), the court, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim. While the court held that the district court erred in dismissing plaintiff’s claims asserted under the New York State Human…

Read More Hostile Work Environment Claim Dismissed; “Objectionable Vignettes” Insufficient to State Claim for Relief
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In Biehner v. City of New York et al, 19-CV-9646, 2021 WL 4924838 (S.D.N.Y. Oct. 20, 2021), the court, inter alia, dismissed plaintiff’s claim of gender/pregnancy discrimination under Title VII of the Civil Rights Act of 1964. From the decision: In any event, the plaintiff has not pleaded adequately the other elements required for her…

Read More Court Dismisses Title VII Gender/Pregnancy Discrimination Claim Against the City of New York
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In Kilgannon v. Social Security Administration et al, 20-cv-01891, 2021 WL 4523505 (S.D.N.Y. Sept. 30, 2021), the court, inter alia, dismissed plaintiff’s claims of hostile work environment sexual harassment, which were predicated on sexual advances by plaintiff’s co-worker. From the decision: Plaintiff alleges numerous specific, instances of Ms. Borges’s alleged harassing behavior which he claims…

Read More Co-Worker’s Sexual Advances Did Not Constitute an Actionable Hostile Work Environment, Court Holds
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In Domen v. Vimeo, Inc., 2021 WL 4352312 (2d Cir. Sept. 24, 2021) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s sexual orientation and religion-based discrimination claims under the New York State Human Rights Law. Plaintiff, James Domen (the president and founder of the non-profit…

Read More Religious, Sexual Orientation Claims Properly Dismissed Against Vimeo Following Deletion of Account Promoting “Sexual Orientation Change Efforts” Content
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In Ramirez v. Temin & Company, Inc. et al, 20 Civ. 6258, 2021 WL 4392303 (S.D.N.Y. Sept. 24, 2021), the court, inter alia, held that plaintiff sufficiently alleged race, color, national origin, and sex discrimination under the New York City Human Rights Law. From the decision: Here, Ramirez alleges that [company owner] Temin suggested she…

Read More Race, Color, National Origin, Sex Discrimination Claims Sufficiently Alleged; Court Cites Comments Reflecting “Racial and Gendered Stereotypes”
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