FRCP 12(b)(6)

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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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In Modica v. N.Y.C. Dept. of Education et al, 20-CV-4834, 2021 WL 3408587 (S.D.N.Y. Aug. 4, 2021), the court held that plaintiff sufficiently alleged a disability-based hostile work environment claim under the New York City Human Rights Law. The court reached this conclusion after determining that plaintiff did not sufficiently allege claims under federal law (the…

Read More Disability-Based “Ridicule” at Meeting Sufficient to State Discrimination Under NY City, but Not Federal and NY State, Law
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In Avent v. Target Corporation et al, 19-1565, 2021 WL 3089120 (NDNY July 22, 2021), the court, inter alia, dismissed defendants’ motion to dismiss plaintiff’s race-based “adverse action” discrimination claims asserted under Title VII of the Civil Rights Act of 1964. (I wrote about the court’s assessment of plaintiff’s race-based hostile work environment claims here.)…

Read More Race Discrimination Claim, Based on “Adverse Actions”, Sufficiently Alleged Against Target
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In Avent v. Target Corporation et al, 19-1565, 2021 WL 3089120 (NDNY July 22, 2021), the court, inter alia, dismissed defendants’ motion to dismiss plaintiff’s race-based hostile work environment claim under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. The court explained: [T]he Court found that Plaintiff sufficiently stated…

Read More Race-Based Hostile Work Environment Claims Sufficiently Alleged Against Target
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In Ibela v. Allied Universal, 20-cv-3800, 2021 WL 3077482 (S.D.N.Y. July 20, 2021), the court held that plaintiff’s failure to specify his “disability” was a fatal pleading defect, resulting in the dismissal of his complaint alleging disability discrimination under the Americans with Disabilities Act. From the decision: In his Amended Complaint, Plaintiff never specified what…

Read More Failure to Specify Disability Results in Dismissal of ADA Discrimination Complaint
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In Bockus v. Maple Pro, Inc., 850 Fed.Appx. 48 (2d Cir. March 19, 2021) (Summary Order), the court affirmed the dismissal of plaintiff’s sex discrimination claim asserted under Title VII of the Civil Rights Act of 1964. The court summarized plaintiff’s allegations as follows: The complaint alleges that Bockus was terminated because he is a…

Read More “Reverse” Sex Discrimination Claim, Asserted by Male Employee, Properly Dismissed, Second Circuit Holds
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In Rettino v. New York City Department of Education et al, 19-cv-5326, 2021 WL 2987113 (S.D.N.Y. July 15, 2021), the court, inter alia, dismissed plaintiff’s age-based hostile work environment claim under the Age Discrimination in Employment Act of 1967. The court outlined the elements of such a claim as follows: The ADEA’s prohibition of a…

Read More Age-Based Hostile Work Environment Claim Dismissed Against NYC Dept. of Education
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In Corradino v. Liquidnet Holdings Inc. & Seth Merrin, 19 Civ. 10434, 2021 WL 2853362 (S.D.N.Y. July 8, 2021) (J. Schofield), the court, inter alia, held that the plaintiff sufficiently alleged retaliation 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 Retaliation Claims, Arising From Sexual Harassment Complaint, Sufficiently Alleged Against Liquidnet Holdings, Court Holds
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In Corradino v. Liquidnet Holdings Inc. & Seth Merrin, 19 Civ. 10434, 2021 WL 2853362 (S.D.N.Y. July 8, 2021) (J. Schofield), the court, inter alia, held that the plaintiff sufficiently alleged “hostile work environment” sexual harassment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York…

Read More Sexual Harassment / Hostile Work Environment Sufficiently Alleged Against Liquidnet Holdings, Court Holds
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