FRCP 12(b)(6)

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In Wickland v. Archcare at Terrance Cardinal Cooke Health Care Center et al, 2024 WL 3432029 (E.D.N.Y. July 15, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claim of sex discrimination (termination) asserted under Title VII of the Civil Rights Act of 1964. The court summarized the law, and applied it to…

Read More Title VII Sex Discrimination Claim Dismissed; Termination Was Allegedly Due to “No Call No Show” and Not Plaintiff’s Sex
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In Swank v. State of Oklahoma ex rel. The Regional University System of the Oklahoma Board of Regents d/b/a Northeastern State University, Case No. CIV-24-102-GLJ, 2024 WL 3400768 (E.D.Okla. July 12, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Title VII of the Civil…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Allegations Include Inappropriate Comments, Touching
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In Carbone v. Tri-Town Construction LLC, 2024 WL 3377740 (M.D.Fla. July 11, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision:; The Court denies Tri-Town Construction’s motion to dismiss Counts 3 and…

Read More Title VII Hostile Work Environment Sexual Harassment Claim, Based on Allegation that Coworker Grabbed Plaintiff’s Genitalia, Survives Dismissal
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In Tohidi v. City of Reading Police Department, No. 5:24-cv-0591, 2024 WL 3015514 (E.D.Pa. June 13, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of disability discrimination asserted under the Americans with Disabilities Act (ADA). From the decision: The City asserts that Counts I and V (disability discrimination) should be dismissed…

Read More Disability Discrimination Claim Asserted by Plaintiff With Tourette’s Syndrome, Survives Dismissal
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In Sharikov v. Philips Medical Systems MR, Inc., Docket No. 23-407-cv, 2024 WL 2820927 (2d Cir. June 4, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s judgment dismissing plaintiff’s claim of disability discrimination asserted under the Americans With Disabilities Act (ADA). In sum, in this case the plaintiff alleges…

Read More 2d Circuit Affirms Dismissal of COVID-19 Related ADA “Regarded As” Disabled Claim
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In Ramos v. Envoy Air Inc., Civil Action No. 3:23-CV-2276-X, 2024 WL 2754055 (N.D.Tex. May 29, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of religious discrimination under Title VII of the Civil Rights Act of 1964. From the decision: [Title VII] defines religion broadly to include all aspects of religious…

Read More Seventh Day Adventist Sufficiently Alleges Title VII Religious Discrimination Claim
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In Cumby, Jackson v. Sunbelt Rentals, Inc., Case No. 23-CV-06565-FPG, 2024 WL 2725183 (W.D.N.Y. May 28, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of age discrimination asserted under the Age Discrimination in Employment Act (ADEA). From the decision: Here, at this early stage of proceedings, Plaintiff has plausibly alleged that…

Read More ADEA Age Discrimination (Termination) Claim Survives Dismissal; Plaintiff Alleged Negative Treatment Relative to Younger Employees
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In Zano v. Denis R. McDonough, Secretary of Veterans Affairs, Civil Action No. 22-2748 (RBW), 2024 WL 2699976 (D.D.C. May 24, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation asserted under Title VII of the Civil Rights Act of 1964. The court discussed and applied the elements of such…

Read More Department of Veterans Affairs Employee Sufficiently Alleges Retaliation Under Title VII, Court Holds
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In Balchan v. New Rochelle City School District, 23-CV-06202 (PMH), 2024 WL 2058726 (S.D.N.Y. May 7, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of religious discrimination asserted under Title VII of Civil Rights Act of 1964. From the decision: Title VII defines religion capaciously to include all aspects of religious…

Read More Religious Discrimination Claims Survive Dismissal; Court Explains What Constitutes “Religion” Under Anti-Discrimination Laws
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In Chin v. New York City Department of Corrections and The City of New York, 23-CV-5268 (AMD) (JAM), 2024 WL 2258033 (E.D.N.Y. May 17, 2024), the court denied defendants’ motion to dismiss plaintiff’s retaliation claims, asserted under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law, against…

Read More Retaliation Claim, Arising From Alleged Retaliation Less Than Two Months After EEOC Found That Complaint Had Merit, Sufficiently Alleged Against City of New York
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