FRCP 12(b)(6)

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In Bermudez v. Bon Secours Charity Health System and Theresa Krell, 2020 WL 104992 (S.D.N.Y. Jan. 9, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sexual harassment and retaliation claims asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Here I’ll discuss the court’s…

Read More Retaliation Claims, Based on Hostile Work Environment Following Rejection of Sexual Advances, Dismissed (With Leave to Amend)
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In Holmes v. YMCA of Yonkers, Inc., 19 CV 620 (VB), 2020 WL 85389 (SDNY Jan. 7, 2020), the court held, inter alia, that plaintiff sufficiently alleged employment discrimination based on gender (under Title VII of the Civil Rights Act of 1964) and age (under the Age Discrimination in Employment Act). The court summarized the…

Read More Title VII and ADEA Discrimination Claims Sufficiently Alleged; Complaint, While “Sparse”, Held Sufficient
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In Fleurentin v. New York City Health & Hospitals Corp. et al,  18-cv-05004, 2020 WL 42841 (E.D.N.Y. Jan. 3, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim. In this case, in sum, plaintiff – a Haitian man – alleged that “over the course of a decade the defendants repeatedly discriminated against him…

Read More Hostile Work Environment Claim Dismissed; Santa Claus Role Denial (etc.) Insufficient
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In Pustilnik v. Battery Park City Authority et al, 18-CV-9446, 2019 WL 6498711 (S.D.N.Y. Dec. 3, 2019), the court, inter alia, granted defendant’s motion to dismiss – under Federal Rule of Civil Procedure 12(b)(6) – plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). From the decision: [Plaintiff]’s Complaint is devoid of facts…

Read More Disability Discrimination Claim Dismissed; Mere Knowledge of Disability Insufficient
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In Buczakowski v. Crouse Health Hospital, Inc. et al, 18-cv-330, 2019 WL 6330206 (N.D.N.Y. Nov. 26, 2019), the court, inter alia, held that plaintiff sufficiently alleged a constructive discharge claim. The court’s analysis, briefly summarized below, follows and builds on its finding that plaintiff sufficiently alleged a hostile work environment (which I discussed here). The…

Read More Constructive Discharge Claims Sufficiently Alleged Against Crouse Health Hospital
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In Buczakowski v. Crouse Health Hospital, Inc. et al, 18-cv-330, 2019 WL 6330206 (N.D.N.Y. Nov. 26, 2019), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment based on age and disability (cancer). After reciting the hostile work environment standard, the court held that plaintiff “established [defendant] and several of its employees…

Read More Age & Disability-Related Hostile Work Environment Claims Sufficiently Alleged Against Crouse Health Hospital
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In Chauhan v. MM Hotel Management LLC et al, 18-cv-5963, 2019 WL 6118006 (E.D.N.Y. Nov. 18, 2019), the court, inter alia, dismissed plaintiff’s clams of race, national origin, and religion-based hostile work environment claims. First, the court summarized the legal standard: To establish a hostile work environment claim under Title VII, “a plaintiff must show…

Read More Hostile Work Environment Claims Dismissed; 6 Incidents Over a 15 Year Period Insufficient
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“Clever men may easily conceal their motivations.” Thus writes the Second Circuit in a recent case, Khanna v. MUFG Union Bank, N.A., 2019 WL 6127418 (2d Cir. Nov. 19, 2019) (Summary Order), in which the court vacated the district court’s dismissal – under Federal Rule of Civil Procedure 12(b)(6) – of plaintiff’s race and gender…

Read More 2d Circuit Revives Race/Gender Discrimination Claims
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In Ireland v. Rochester Institute of Technology et al, 19-cv-6392, 2019 WL 5538371 (WDNY Oct. 25, 2019), the court, inter alia, dismissed plaintiff’s claim of sexual harassment under the New York State Human Rights Law (NYSHRL).[1]The court dismissed as time barred plaintiff’s sexual harassment claim asserted under Title VII of the Civil Rights Act of…

Read More Sexual Harassment Claim Dismissed; “Crude” Comments Held Insufficient Under State Law
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In Allen v. City of New York et al, 2019 WL 5450874 (SDNY Oct. 23, 2019), the court, inter alia, dismissed plaintiff’s race discrimination claim under Title VII of the Civil Rights Act of 1964. This claim failed, held the court, because plaintiff failed to proffer an actionable “adverse employment action.” To survive a motion…

Read More Title VII Race Discrimination Claim Dismissed; Social Worker Plaintiff Failed to Allege an “Adverse Employment Action”
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