FRCP 12(b)(6)

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In Gentleman v. State Univ. of N.Y.-Stony Brook, No. 16-CV-2012(ADS)(AKT), 2017 WL 2468963 (E.D.N.Y. June 6, 2017), the court held that plaintiff sufficiently alleged a claim of discrimination under the Rehabilitation Act. In sum, the court concluded that – applying the more lenient standard for “regarded as disabled” claims – plaintiff plausibly alleged that she “was…

Read More Plaintiff Plausibly Alleges “Regarded As” Disability Discrimination Claim Against SUNY
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In Wooding v. Winthrop Univ. Hosp., No. 16-cv-4477, 2017 WL 2559942 (E.D.N.Y. June 12, 2017), the court held that plaintiff plausibly alleged a racially hostile work environment. It provides a summary/overview of the pleading standards for this type of claim: To establish a hostile work environment claim under federal and New York State law, a…

Read More Race-Based Hostile Work Environment Claim Sufficiently Alleged Against Winthrop University Hospital
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In Wooding v. Winthrop University Hospital et al, No. 16-cv-4477, 2017 WL 2559942 (E.D.N.Y. June 12, 2017) (J. Spatt), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s claims under Federal Rule of Civil Procedure 12(b)(6). It held that plaintiff plausibly alleged various claims, including race discrimination, retaliation, and hostile…

Read More Race Discrimination Plausibly Alleged Against Winthrop University Hospital; Complaint Referred to Use of the Word “Nigger” and “Coded” Racial Language
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In Franchino v. Terence Cardinal Cook Health Care Ctr., Inc., No. 16-2383-CV, 2017 WL 2392473 (2d Cir. June 2, 2017) (Summary Order), the Second Circuit held that plaintiff sufficiently alleged an age discrimination, but not sex or national origin discrimination, claims. Discrimination Pleading Standards Initially, the court provides an overview/summary of the pleading standards that determine…

Read More Age Discrimination Claim Sufficiently Alleged; Sex and National Origin Discrimination Claims Properly Dismissed
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From Gallagher v. AEG Mgmt. Brooklyn, LLC, No. 16-CV-4779, 2017 WL 2345658 (E.D.N.Y. May 30, 2017): Dasaro contends that Gallagher did not allege facts that the harassment he suffered was gender-based. ECF 28-1, Dasaro Memo of Law (“Dasaro MOL”), at pp. 4-8. The Court disagrees, and holds that the Complaint adequately pleads that Gallagher suffered…

Read More Male Plaintiff Sufficiently Alleges Gender Discrimination Under the NYC Human Rights Law
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In O’Toole v. Cty. of Orange, No. 16 CIV. 2059 (NSR), 2017 WL 2377999 (S.D.N.Y. May 31, 2017), the court denied defendants’ motion to dismiss plaintiff’s Title VII gender discrimination and retaliation claims. As to her gender discrimination claim, the court explained: Fratto first alleges that she was subjected to disparate treatment on the basis of…

Read More Female Corrections Officer Plausibly Alleges Gender Discrimination and Retaliation Under Title VII
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In Keles v. Burl Yearwood & LaGuardia Community College, No. 15-CV-03880 (NG), 2017 WL 2313472 (E.D.N.Y. May 26, 2017), the court, inter alia, denied defendants’ 12(b)(6) motion to dismiss plaintiff’s age discrimination claims. The court explained that “[t]o survive a Rule 12(b)(6) motion to dismiss, a plaintiff asserting an employment discrimination complaint under the ADEA…

Read More Age Discrimination Claims Survive Dismissal; Allegations Included Disparaging Age-Related Comments
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In Richard v. N.Y. City Dep’t of Educ., No. 16-CV-957 (MKB), 2017 WL 1232498 (E.D.N.Y. Mar. 31, 2017), the court held that plaintiff sufficiently alleged retaliation under Title VII of the Civil Rights Act of 1964, and therefore denied defendant’s motion to dismiss that claim under Federal Rule of Civil Procedure 12(b)(6).[1]The court granted defendant’s…

Read More Retaliation Claim Survives Dismissal; Letter Placing Plaintiff on Probation was an “Adverse Employment Action”
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In Green v. Jacob & Co. Watches, Inc., No. 15 CIV. 3611 (PAC), 2017 WL 1208596 (S.D.N.Y. Mar. 31, 2017), the court held, inter alia, that plaintiff – an African American man who held the title of Director of Security for Jacob & Co. – plausibly alleged discrimination, hostile work environment, and retaliation claims under federal,…

Read More Citing “Monkey” Comment, SDNY Rules in Favor of Plaintiff in Race Discrimination & Hostile Work Environment Case Against Jacob & Co. Watches
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In Lebowitz v. N.Y. City Dep’t of Educ., No. 15-cv-2890, 2017 WL 1232472 (E.D.N.Y. Mar. 31, 2017), the court held that plaintiffs – former Sheepshead Bay High School math teachers – sufficiently alleged age discrimination under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights…

Read More Math Teachers’ Age Discrimination Claims Partially Survive Motion to Dismiss
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