FRCP 12(b)(6)

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Some court decisions, particularly in the employment discrimination context, are perfect examples of “what not to do” in the workplace. In such a recent case, Shkoza v. NYC Health & Hospitals Corp., 20-CV-3646, 2021 WL 4340787 (S.D.N.Y. Sept. 22, 2021), the court held that plaintiff sufficiently alleged a sex-based hostile work environment under the New…

Read More Sex-Based Hostile Work Environment Sufficiently Alleged; Allegations Included “Wives” Comment, Inappropriate Touching
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In Karupaiyan v. CVS Health Corp. et al, 19 Civ. 8814, 2021 WL 4341132 (S.D.N.Y. Sept. 23 2021), the court, inter alia, held that plaintiff sufficiently alleged claims of race discrimination against several defendants under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the New York State and City Human…

Read More Race Discrimination Claims Survive Against CVS et al; Court Applies the “Stray Remarks” Doctrine
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In Goldman v. Sol Goldman Investments, LLC, et al., 20-cv-06727, 2021 WL 4198253 (S.D.N.Y. Sept. 14, 2021), the court held that plaintiff sufficiently alleged that named defendant Sol Goldman Investments was plaintiff’s “employer” for purposes of his claims under the Age Discrimination in Employment Act (ADEA) and the New York State and City Human Rights…

Read More Court Discusses and Applies the “Single Employer” Doctrine in ADEA Discrimination Case
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In Areu v. Fox News Network, LLC, 2021 WL 4124226 (SDNY Sept. 9, 2021), the court, inter alia, dismissed plaintiff’s gender discrimination claim against Fox News, asserted under Title VII of the Civil Rights Act of 1964, because she failed to plausibly allege that she was Fox News’ “employee” within the meaning of the statute.…

Read More “Liberal Sherpa” Cathy Areu’s Title VII Gender Discrimination Claim Against Fox News Dismissed; Title VII “Employee” Status Insufficiently Alleged
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In Gates v. City of New York et al, 20 Civ. 3186, 2021 WL 3774189 (S.D.N.Y. Aug. 25, 2021), the court, inter alia, dismissed plaintiff’s claim of disability discrimination under the Americans With Disabilities Act. Plaintiff alleged that defendants discriminated against him on the basis of his perceived disability, namely, “depression/suicidal.” After outlining the “black…

Read More Court Dismisses NYPD Officer’s “Regarded As” Disability Discrimination Claim
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In Harris v. NYC Human Resources Administration et al, 20-cv-2011, 2021 WL 3855239 (S.D.N.Y. Aug. 27, 2021), the court, inter alia, dismissed plaintiff’s gender- and age-based hostile work environment claims under, respectively, Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. As to plaintiff’s gender-based claim, the court…

Read More Age, Gender-Based Hostile Work Environment Claims Dismissed Against NYC Human Resources Administration
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In Sutton v. Stony Brook University et al, 18-cv-7434, 2021 WL 3667013 (E.D.N.Y. Aug. 18, 2021), the court, inter alia, dismissed plaintiff’s claims of sexual harassment under Title IX of the Educational Amendments of 1972, 20 U.S.C. § 1681, et seq.[1]Plaintiff also alleged violations of the First and Fourteenth Amendments to the U.S. Constitution pursuant…

Read More Title IX Sexual Harassment Complaint Dismissed Against Stony Brook University
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In Hunt v. Consolidated Edison Company of New York, Inc., 18-CV-7262, 2021 WL 3492716 (EDNY Aug. 9, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claims asserted under Title VII of the Civil Rights Acts of 1964 (Title VII) and the New York City Human Rights Law (NYCHRL). While the court…

Read More Retaliation Claims Survive Dismissal Against Con Edison
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In Hunt v. Consolidated Edison Company of New York, Inc., 18-CV-7262, 2021 WL 3492716 (EDNY Aug. 9, 2021), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based failure-to-promote claim asserted under Title VII of the Civil Rights Acts of 1964 (Title VII) and the New York City Human Rights Law (NYCHRL). After summarizing…

Read More Race-Based Failure-to-Promote Claim Insufficiently Alleged, Court Holds
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