FRCP 12(b)(6)

by

Man in suit with orange tie on sidewalk Man in suit with orange tie on sidewalk

In Singh v. Accutime Watch Corp., 24-CV-8007 (JPO), 2025 WL 2916135 (S.D.N.Y. Oct. 14, 2025), the court, inter alia, granted defendant’s motion to to dismiss plaintiff’s amended complaint asserting a hostile work environment claim under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York…

Read More National Origin, Religion-Based Hostile Work Environment Claims, Based on “Disproportionate Workload”, Dismissed
Share This:
by

Post thumbnail

In Gehlaut v. New York City Department of Education, No. 24-1741 (2d Cir. 2025), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To state a claim for retaliation under Title VII, “the plaintiff…

Read More Title VII Retaliation Claim Properly Dismissed; Temporal Proximity Not Shown
Share This:
by

Smiling man in suit with law books Smiling man in suit with law books

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”
Share This:
by

Red triangular yield traffic sign Red triangular yield traffic sign

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
Share This:
by

Green overlapping P and L monogram logo Green overlapping P and L monogram logo

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
Share This:
by

Man in beige suit with colorful bow tie Man in beige suit with colorful bow tie

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
Share This:
by

Man in bow tie on courthouse steps Man in bow tie on courthouse steps

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
Share This:
by

Panoramic Manhattan skyline at sunrise Panoramic Manhattan skyline at sunrise

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
Share This:
by

Pospis Law PLLC green monogram logo Pospis Law PLLC green monogram logo

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
Share This:
by

Man wearing round glasses and bow tie Man wearing round glasses and bow tie

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
Share This:
© 2026 Pospis Law, PLLC. All Rights Reserved.