FRCP 12(b)(6)

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In Cassel v. Truss Communications, Inc., 2025 WL 2882054 (N.D.Okla. Oct. 9, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under the Americans with Disabilities Act. From the decision: The ADA recognizes certain mental health conditions as qualifying disabilities. See 29 C.F.R. 1630.2(h) (“mental impairment means ……

Read More ADA Hostile Work Environment Claim Dismissed; Mental Health, Obesity Not Shown to Qualify as Statutory “Disabilities”
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In Pagan v. Research Foundation of the City University of New York et al, No. 24-CV-6500 (RA), 2025 WL 2793685 (S.D.N.Y. Oct. 1, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of religion-based discrimination asserted under Title VII of the Civil Rights Act of 1964. This decision is a good example…

Read More Title VII Religion-Based Termination Claim Sufficiently Alleged
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In Lindsey v. Citigroup Global Markets Inc., 1:23-cv-10166-ALC, 2025 WL 2781281 (S.D.N.Y. Sept. 30, 2025), the court discussed and applied the “continuing violation” doctrine under Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleges that she was subjected to a hostile work environment, commencing in 2007 with an alleged sexual assault,…

Read More Title VII Hostile Work Environment Claim Survives Motion to Dismiss; Applicability of “Continuing Violation” Doctrine Must Await Further Factual Development
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In Laporte, Jose v. Sullivan, Brian, 1:24-cv-1124 (ECC/DJS), 2025 WL 2645531 (N.D.N.Y. Sept. 15, 2025), the court denied defendant’s motion to dismiss plaintiff’s – a dark-skinned Hispanic man – claim of race/national origin discrimination in violation of the Equal Protection Clause of the Fourteenth Amendment and 42 U.S.C § 1983. From the decision: Plaintiff argues…

Read More Upstate Hispanic Correction Officer Sufficiently Alleges Race & National Origin Discrimination
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In Varney v. Health Carousel, LLC, Case No. 1:24-cv-624, 2025 WL 2605783 (S.D.Ohio Sept. 9, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s pregnancy/lactation-related hostile work environment constructive discharge claim asserted under Title VII of the Civil Rights Act of 1964. This decision underscores that, when evaluating hostile work environment claims, it…

Read More Pregnancy/Lactation-Related Hostile Work Environment Claims Survive Dismissal
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In Santana v. Shook Hardy & Bacon, 2025 WL 2521193 (S.D.N.Y. Sept. 2, 2025), the court granted defendants’ motion to dismiss plaintiff’s discrimination, hostile work environment, and retaliation claims asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Alleged Unprofessional Treatment Insufficient to State Claims for Discrimination, Hostile Work Environment and Retaliation
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In Garcia v. Westhampton Primary Care, 2:23-cv-4319 (NJC) (ST), 2025 WL 2494357 (E.D.N.Y. Aug. 30, 2025), the court, inter alia, held that plaintiff plausibly alleged claims of hostile work environment under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. The court summarized, and applied, the law…

Read More Hostile Work Environment, Retaliatory Hostile Work Environment Claims Survive Dismissal
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In Fisher v. Valley Stream Central High School District et al, 2025 WL 2467046 (E.D.N.Y. Aug. 27, 2025), the court, inter alia, held that plaintiff sufficiently stated a cause of action for retaliation under Title VII of the Civil Rights Act of 1964. Specifically, plaintiff alleged that defendants suspended her pay and benefits, in retaliation…

Read More Title VII Retaliation Claim, Based on Complaints About Alleged Excessive Workload Due to Status as Unmarried Woman With Children, Survives Dismissal
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In Nash v. City of Cincinnati et al, 2025 WL 2403821 (S.D.Ohio Aug. 19, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: Defendants next move to dismiss Plaintiff’s hostile work environment claim. (Motion, Doc. 4, Pg. ID 42.) Title VII protects an employee who…

Read More Race-Based Hostile Work Environment Claim Dismissed; Alleged Events, While “Troubling,” Were Too Remote
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In Fernandez v. American Sugar Refining, Inc., 2025 WL 2294879 (E.D.La. Aug. 8, 2025), the court, inter alia, discussed and applied the “administrative exhaustion” requirement applicable to claims asserted under Title VII of the Civil Rights Act of 1964. Initially, the court held that plaintiff did not administratively exhaust the sex-based discrimination claim: Defendant contends…

Read More Hostile Work Environment, But Not Sex Discrimination, Claim Survives Dismissal Based on “Administrative Exhaustion” at the EEOC
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