FRCP 12(b)(6)

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In a recent case, Gueye v. H & S Bakery, Inc. et al, Civil Action No. 22-2612, 2022 WL 2805636 (D.N.J. July 15, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age- and disability-based hostile work environment. From the decision: Here, Plaintiff, a plant superintendent, alleges that he was forced to take…

Read More Hostile Work Environment Claims Sufficiently Alleged; Despite Lack of “Egregious” Conduct, Plaintiff Alleged Supervisor’s “Growing Frustration”
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In  DeLaRosa v. New York City Department of Education et al, 21-CV-4051 (JPO), 2022 WL 2752589 (S.D.N.Y. July 14, 2022), the court, inter alia, dismissed plaintiff’s claim(s) of hostile work environment under the Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law, and the New York City Human Rights Law. (The court…

Read More Age-Based Hostile Work Environment Claims Dismissed Against NYC Dept. of Education
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In  DeLaRosa v. New York City Department of Education et al, 21-CV-4051 (JPO), 2022 WL 2752589 (S.D.N.Y. July 14, 2022), the court, inter alia, held that plaintiff sufficiently alleged retaliation, arising from complaints of age discrimination, under the Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law, and the New York…

Read More Retaliation Claims, Arising From Complaints of Age Discrimination, Sufficiently Allege Against NYC Dept. of Education
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In  DeLaRosa v. New York City Department of Education et al, 21-CV-4051 (JPO), 2022 WL 2752589 (S.D.N.Y. July 14, 2022), the court, inter alia, held that plaintiff sufficiently alleged age discrimination under the Age Discrimination in Employment Act (ADEA), the New York State Human Rights Law, and the New York City Human Rights Law. From…

Read More Age Discrimination Claims Sufficiently Alleged Against NYC Dept. of Education
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In Karpaitis v. Mandal’s, Inc., 21-cv-305, 2022 WL 2445004 (S.D. Miss. July 5, 2022), the court, inter alia, dismissed plaintiff’s quid pro quo sexual harassment claim. From the decision: [A] quid pro quo sexual harassment claim requires that the plaintiff suffer a tangible employment action for her refusal to submit to a supervisor’s sexual demands. Ellerth,…

Read More “Quid Pro Quo” Sexual Harassment Claim Dismissed, Notwithstanding “Flirtatious, Offensive, and Altogether Inappropriate” Comments
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In Karpaitis v. Mandal’s, Inc., 21-cv-305, 2022 WL 2445004 (S.D. Miss. July 5, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff also alleges that she was terminated for engaging in the protected activity of reporting…

Read More Retaliation Claim, Arising From Sexual Harassment Report, Survives Dismissal
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In Alwan v. Rustic Gem, LLC, 1:21-cv-01508, 2022 WL 1591299 (N.D.Ohio May 18, 2022), the court held that plaintiff sufficiently alleged a unlawful retaliation under Title VII of the Civil Rights Act of 1964 and Ohio law, arising from plaintiff’s complaints of sexual harassment. The court summarized the black-letter law as follows: To make out…

Read More Retaliation Claim, Arising From Complaints of Sexual Harassment, Survives Dismissal
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In Everett v. New York City Department of Education et al, 2022 WL 2342693 (S.D.N.Y. June 29, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized the black-letter law as follows: Title VII prohibits requiring people to work in…

Read More Hostile Work Environment Claim Dismissed; Allegations of Cursing, Mocking Accent and Hair Held Insufficient
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In Morales v. Supreme Maintenance Inc. et al, No. 1:21-cv-01044-KWR-JHR, 2022 WL 2290605 (D.N.M. June 24, 2022), the court denied defendant’s motion to dismiss plaintiff’s sexual harassment and retaliation claims. As to plaintiff’s retaliation claim, the court explained: Here, Plaintiff alleges that she engaged in protected activity by opposing sexual harassment by an employee at…

Read More Sexual Harassment, Retaliation Claims Survive Dismissal; Complaint Alleged Harassment by Non-Employee
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In McGrier v. Capital Cardiology, 1:20-cv-01044 (BKS/DJS), 2022 WL 2105854 (N.D.N.Y. June 10, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s failure-to-promote race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. Plaintiff asserted a number of adverse employment actions, including receipt of a corrective action notice, and…

Read More Race Discrimination Failure-to-Promote Claim Survives Dismissal
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