FRCP 12(b)(6)

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In Dooley v. JetBlue Airways Corp., No. 15-1356-CV, 2015 WL 9261293 (2d Cir. Dec. 18, 2015), a Summary Order, the Second Circuit vacated the dismissal of plaintiff’s claim of disability discrimination under the Americans with Disabilities Act (ADA). Initially, the court held, contrary to the district court, that plaintiff sufficiently alleged discrimination under the ADA.…

Read More Plaintiff Sufficiently Alleged Disability Discrimination Against JetBlue
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In Dingle v. Bimbo Bakeries USA/Entenmann’s, No. 14-1215-CV, 2015 WL 8952903 (2d Cir. Dec. 16, 2015), the Second Circuit vacated the dismissal, for failure to state a claim under FRCP 12(b)(6), of plaintiff’s employment discrimination complaints. Plaintiff’s allegations, in a nutshell: Dingle alleged that a photo of a nude man resembling Dingle was distributed among employees who made…

Read More Second Circuit Revives “Perceived Sexual Orientation Discrimination” Claim
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In Tekle v. Wegmans Food Markets, Inc., No. 15-CV-6386, 2015 WL 8485273 (W.D.N.Y. Dec. 9, 2015), the court granted defendant’s motion under FRCP 12(b)(6) to dismiss plaintiff’s race discrimination, hostile work environment, and retaliation claims. This case illustrates that even arguably “disturbing and arguably race-based” incidents are not necessarily enough to establish violations of the…

Read More Threat to “Hang” Plaintiff Insufficient to State Hostile Work Environment Claim
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In Malanga v. NYU Langone Med. Ctr., No. 14CV9681, 2015 WL 7019819, (S.D.N.Y. Nov. 12, 2015), the Southern District of New York held that plaintiff sufficiently alleged her claims of retaliation under the False Claims Act and sexual orientation discrimination (hostile work environment) under the NYC Human Rights Law (NYCHRL). Here is her amended complaint. False…

Read More Plaintiff Sufficiently Alleges False Claims Act and Sexual Orientation Discrimination (Hostile Work Environment) Claims Against NYU Langone Medical Center
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In Erasmus v. Deutsche Bank Americas Holding Corp. et al, No. 15 CIV. 1398 (PAE), 2015 WL 7736554 (S.D.N.Y. Nov. 30, 2015), the Southern District of New York (Judge Engelmayer) dismissed plaintiff’s hostile work environment and discrimination claims, but permitted plaintiff’s retaliation claims (albeit in limited form) to continue. Plaintiff, a heterosexual male, alleged in…

Read More Retaliation Claims, But Not Discrimination & Hostile Work Environment Claims, Remain Against Deutsche Bank
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In Lenzi v. Systemax, Inc., No. 14-CV-7509 SJF, 2015 WL 6507842 (E.D.N.Y. Oct. 26, 2015), the court held that the female plaintiff stated a claim under the federal and New York state Equal Pay Acts. The law, per the court: The federal Equal Pay Act, 29 U.S.C. § 206(d)(1) prohibits employers from discriminating between employees on…

Read More Female Plaintiff Plausibly Alleges Equal Pay Act Violations
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The Second Circuit’s decision in Shamir v. City of New York, No. 14-3606, 2015 WL 6214708 (2d Cir. Oct. 22, 2015) (Newman, Walker, Jacobs) is instructive on pleading police misconduct cases – namely, claims for excessive force. This case arises from plaintiff’s arrest after putting a sleeping bag on the ground while attending an Occupy Wall Street…

Read More Excessive Force/Tight Handcuffing Claim Sufficiently Alleged
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In Lenart v. Coach Inc., No. 15-CV-1922 JMF, 2015 WL 5319735 (S.D.N.Y. Sept. 11, 2015), the court held that the plaintiff – a male tax lawyer – stated a claim for a sex-based hostile work environment under the NYC Human Rights Law (but not under Title VII or the New York State Human Rights Law).…

Read More Male Employee States Sex-Based Hostile Work Environment Claim Against Coach Under the NYC Human Rights Law
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In Ingrassia v. Health & Hosp. Corp., No. 14 CV 1900 PKC, 2015 WL 5229444 (E.D.N.Y. Sept. 8, 2015), the Eastern District of New York held that plaintiff plausibly alleged claims of sexual harassment/hostile work environment, retaliation, and constructive discharge under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in…

Read More Hospital Worker Plausibly Alleges Hostile Work Environment/Sexual Harassment, Retaliation, and Constructive Discharge Claims
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In Gordon v. City of New York, 14-545-cv (2d Cir. 2015), the Second Circuit affirmed, in a summary order, the dismissal of plaintiffs’ First Amendment retaliation and hostile work environment claims. The facts, as summarized by the court: While working as emergency medical technicians (“EMTs”) for the New York City Fire Department (“FDNY”), plaintiffs Tomeko…

Read More Second Circuit: No Hostile Work Environment Where Black Woman and White Male Were Subjected to Similar Treatment
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