FRCP 12(b)(6)

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In Wallace v. Crab House, Inc. et al, 21-cv-5757 (LJL), 2022 WL 1501089 (S.D.N.Y. May 12, 2022), the court dismissed plaintiff’s claims of race discrimination and hostile work environment asserted under federal, state, and local law. In sum, plaintiff (who is African American) alleges that he and two employees of Hispanic descent were treated differently…

Read More Federal (42 U.S.C. § 1981) Race-Based Hostile Work Environment Claim Dismissed; Accusations of Tip Theft Etc. Insufficient
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In Errickson v. Lakeland Regional Medical Center, Inc., 8:22-cv-533-VMC-CPT, 2022 WL 1487588 (M.D.Fla. May 11, 2022), the court dismissed plaintiff’s disability-based hostile work environment claim asserted under the Americans with Disabilities Act. After summarizing the “black letter” law, the court applied it to the facts: Although the issue of whether harassment was severe and pervasive…

Read More “Unpleasant” Conduct Nevertheless Insufficient to Give Rise to a Plausible ADA Hostile Work Environment Claim, Court Holds
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In Grant v. Baltimore Police Department, No. RDB-21-2173, 2022 WL 1321593 (D.Md. May 3, 2022), the court, inter alia, dismissed plaintiff’s claim of hostile work environment asserted under Title VII of the Civil Rights Act of 1964. This case illustrates that not everything negative that happens to an employee in the workplace will give rise…

Read More Title VII Race- and Gender-Based Hostile Work Environment Claims Dismissed; Single Comments Insufficient
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In Sherman v. Kendall, CIV-21-484-F, 2022 WL 1094617 (W.D.Okla. April 12, 2022), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment and constructive discharge claims asserted under Title VII of the Civil Rights Act of 1964. From the decision: Upon review, the court again concludes that Sherman has failed to…

Read More Lack of Racial Motivation Dooms Hostile Work Environment, Constructive Discharge Claims
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In Shargani v. New York City Department of Environmental Protection et al, 21 Civ. 337, 2022 WL 1046764 (S.D.N.Y. April 7, 2022), the court, inter alia, granted plaintiff’s motion to amend his complaint (and denied defendants’ motion to dismiss plaintiff’s amended complaint) with respect to his claims of hostile work environment because of his national…

Read More National Origin (Iranian)-Based Hostile Work Environment Claims Sufficiently Alleged
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In Friederick v. Passfeed, Inc., Attila Sary et al, 21-cv-2066, 2022 WL 992798 (S.D.N.Y. March 31, 2022), the court, inter alia, held that plaintiff sufficiently alleged “hostile work environment” sexual harassment claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human…

Read More Hostile Work Environment Sexual Harassment Claims Sufficiently Alleged; Contentions Included Inappropriate Sexual Comments
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In Friederick v. Passfeed, Inc., Attila Sary et al, 21-cv-2066, 2022 WL 992798 (S.D.N.Y. March 31, 2022), the court, inter alia, held that plaintiff sufficiently alleged quid pro quo sexual harassment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. In…

Read More Sexual Harassment Claims Sufficiently Alleged, Based on Rejection of Supervisor’s Alleged Sexual Advances
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In Connolly v. City of New York, 2022 WL 843497 (2d Cir. March 22, 2022), the court, inter alia, vacated the lower court’s dismissal (on timeliness grounds) of plaintiff’s retaliation claim. From the decision: We first address the District Court’s decision to dismiss as time-barred Connolly’s retaliation claims arising before November 20, 2013. The District…

Read More Retaliation Claim Was “Reasonably Related” to EEOC-Filed Claims
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In McKinney v. State of New York et al, 19-CV-3920, 2022 WL 602970 (S.D.N.Y. March 1, 2022), the court, inter alia, dismissed plaintiff’s (a correction officer) race-based hostile work environment claim. The court summarized the “black letter” law of this claim as follows: To state a hostile work environment claim, Plaintiff must show that Defendants’…

Read More Off-Premises Conduct Did Not Give Rise to Racially Hostile Work Environment, Court Holds
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In Mondelo v. Quinn, Emanuel, Urquhart & Sullivan, LLP et al, 21-cv-02512, 2022 WL 524551 (SDNY Feb. 22, 2022), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s Spanish Ethnicity/Ancestry/National Origin-based hostile work environment claims under 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights…

Read More Spanish Ethnicity/Ancestry/National Origin Hostile Work Environment Claim Survives Against Quinn, Emanuel Law Firm
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