FRCP 12(b)(6)

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In Wu v. Jensen-Lewis Co., Inc., 2018 WL 5723122 (S.D.N.Y. Nov. 1, 2018), the court (inter alia) held that the plaintiff plausibly stated a claim for public accommodation discrimination. Plaintiff, who is legally blind, asserted that defendants’ website is not compliant with federal law (the Americans with Disabilities Act) because it was not fully and…

Read More Website-Accessibility Disability Discrimination Plausibly Alleged, Court Finds
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In Rivas v. New York State Lottery, 2018 WL 6656390 (2d Cir. Dec. 18, 2018) (Summary Order), the court (inter alia) affirmed the dismissal of plaintiff’s retaliation claim. What makes this case arguably somewhat unique is that the alleged retaliation occurred after plaintiff left defendant’s employment. From the Order: The District Court did not err in…

Read More Post-Termination Retaliation Claim Dismissal Affirmed
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In Roskin-Frazee v. Columbia University, 17-CV-2032, 2018 WL 6523721 (S.D.N.Y. Nov. 26, 2018), the court dismissed plaintiff’s claim under Title IX of the United States Education Amendments of 1972, 20 U.S.C. § 1681(a) (and state causes of action) against Columbia University. In this case, plaintiff alleged “that Defendant created a culture of sexual hostility on…

Read More Student-on-Student Sexual Harassment Title IX Claim Dismissed Against Columbia
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In Martin v. City University of New York, 2018 WL 6510805 (S.D.N.Y. Dec. 11, 2018), the court, inter alia, dismissed plaintiff’s age and race discrimination claims. In doing so, the court cited and applied the so-called “stray remarks” doctrine. In support of the “inference of discrimination” element of plaintiff’s prima facie case, plaintiff advanced the following four remarks…

Read More Citing the “Stray Remarks” Doctrine, Court Dismisses Plaintiff’s Age and Race Discrimination Claims
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In Yu v. City of New York et al, 17-CV-7327, 2018 WL 6250659 (S.D.N.Y. Nov. 29, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment claims. It summarized the well-established legal standard: To bring a hostile work environment claim under federal or state law, a plaintiff must allege facts from which a court can…

Read More Hostile Work Environment Claims Dismissed; “Asian Girl” Comment Insufficient
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In Jones v. Bloomingdale’s, 17-CV-1974, 2018 WL 6067227 (S.D.N.Y. Nov. 20, 2018), the court, inter alia, dismissed plaintiff’s race discrimination case based on defendant’s alleged post-employment discriminatory conduct. From the decision: Nor can Jones salvage his employment discrimination claim, under either § 1981 or Title VII, by relying on Bloomingdale’s allegedly discriminatory conduct after he…

Read More Post-Employment Conduct Did Not Amount to Unlawful Race Discrimination, Court Holds
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In Hernandez v. New York City Department of Sanitation, 18-CV-1808, 2018 WL 5447540 (S.D.N.Y. Oct. 29, 2018), the court, inter alia, dismissed plaintiff’s race discrimination claims – reasoning that the complaint did “not allege facts sufficient to give rise to an inference of discriminatory intent on the part of Defendants.” Here is its summary of…

Read More Race Discrimination Claims Dismissed Against NYC Dept. of Sanitation
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In Moultry v. Rockland Psychiatric Center, 17v-4063, 2018 WL 5621485 (S.D.N.Y. Oct. 30, 2018), the court, inter alia, held that plaintiff failed to plausibly allege race discrimination under Title VII of the Civil Rights Act of 1964. After summarizing the relevant substantive law and pleading standards, the court held: Plaintiff fails to state a facially plausible…

Read More Title VII Race Discrimination Claim Dismissed Against Rockland Psychiatric Center
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In Stern v. State University of New York et al, 2018 WL 4863588 (EDNY Sept. 30, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment claim. The court summarized the well-established law in this area: To establish a hostile work environment under Title VII …, a plaintiff must show that ‘the workplace is permeated…

Read More Hostile Work Environment Claim Not Sufficiently Alleged Against SUNY
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