FRCP 12(b)(6)

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In Jamiel v. Viveros, 19-cv-1389, 2020 WL 1847566 (S.D.N.Y. April 13, 2020), the court, inter alia, adopted a Magistrate Judge’s Report and Recommendation to deny defendant’s motion to dismiss plaintiff’s hostile work environment claims – relating to plaintiff’s race and perceived sexual orientation – under Federal Rule of Civil Procedure 12(b)(6). From the Order: With…

Read More Hostile Work Environment Claim Sufficiently Alleged; Report & Recommendation Adopted
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In Stathatos v. William Gottlieb Management, 18-cv-03332, 2020 WL 1694366 (E.D.N.Y. April 6, 2020), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s complaint alleging religion-based discrimination asserted under Title VII of the Civil Rights Act of 1964. Initially, the court held that plaintiff’s claim was subject to dismissal based on grounds of untimeliness…

Read More Religious Discrimination Claim Dismissed; No Link Between Allegedly False Charge of Viewing Pornography and Plaintiff’s Religion
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In Sosa v. New York City Department of Education, 18-cv-411, 2020 WL 1536348 (E.D.N.Y. March 31, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of retaliation under the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL), based…

Read More Retaliation Claim Survives Dismissal Against NYC DOE
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A recent decision, Ellis v. New York City Department of Education, 2020 WL 1166056 (S.D.N.Y. March 11, 2020), illustrates that in order to properly plead a hostile work environment claim under Title VII of the Civil Rights Act of 1964, merely invoking the words “abuse” and “hostile” to describe one’s work situation is not enough.…

Read More Hostile Work Environment Claim Insufficiently Alleged Against NYC Department of Education, Court Holds
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In Pignone v. United Parcel Service, Inc., 2020 WL 1140509 (N.D.N.Y. March 9, 2020), the court dismissed plaintiff’s hostile work environment claim, finding that there was no act committed by defendant within the relevant statute of limitations (here, three years under the New York State Human Rights Law). (while the court denied defendant’s motion to…

Read More Court Dismisses Hostile Work Environment Claim Against UPS on Statute of Limitations Grounds
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In Ramirez v. NYP Holdings, Inc., 18-cv-12058, 2020 WL 470011 (S.D.N.Y. Jan. 29, 2020), the court held, inter alia, that plaintiff failed to state claims for race and national origin discrimination. (The court did find, however, that plaintiff sufficiently alleged a hostile work environment claim.) The court noted, in particular, that “although [plaintiff’s complaint] does…

Read More Notwithstanding “Deplorable” Racially-Disparaging Remarks, Court Dismisses Race and National Origin Discrimination Claims
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In Ramirez v. NYP Holdings, Inc., 18-cv-12058, 2020 WL 470011 (S.D.N.Y. Jan. 29, 2020), the court held, inter alia, that plaintiff sufficiently alleged a hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has alleged that, throughout his time working at the Printing Center he was…

Read More Hostile Work Environment Claim Sufficiently Alleged by Hispanic Plaintiff
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In Pratt v. Megan J. Brennan, Postmaster General et al, 2020 WL 364195 (S.D.N.Y. Jan. 22, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. From the decision: Here, Plaintiff has failed to plausibly allege a hostile work environment claim. Plaintiff argues that the Amended Complaint includes “allegations of harassing and discriminatory conduct,”…

Read More Hostile Work Environment Claim Dismissed Against U.S. Postal Service
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In Vivian Xiang v. Eagle Enterprises, LLC, 19-cv-1752, 2020 WL 248941 (S.D.N.Y. January 16, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s pregnancy discrimination claim, asserted under Title VII of the Civil Rights Act of 1964. The law, as summarized by the court: A plaintiff must plead sufficient facts to show that…

Read More Pregnancy Discrimination Claim Sufficiently Alleged
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In Nachmany v. FXCM, Inc., 2020 WL 178413, at *6–7 (S.D.N.Y., 2020), the court, inter alia, dismissed plaintiff’s sexual harassment claims. Here, since plaintiff and the alleged harasser are both male, the plaintiff was required to “sufficiently allege claims for same-sex harassment.” In analyzing plaintiff’s claim, the court explained and applied the framework articulated by…

Read More Same-Sex Sexual Harassment Claim Dismissed
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