FRCP 12(b)(6)

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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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In Aleasta Callahan v. Xayah Enterprises, LLC, No. 23 CV 3265, 2024 WL 2113092 (N.D.Ill. May 10, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision: Defendants first argue that plaintiff cannot adequately plead…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Allegations Included Forceful Buttocks Grabbing
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In Aleasta Callahan v. Xayah Enterprises, LLC, No. 23 CV 3265, 2024 WL 2113092 (N.D.Ill. May 10, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s constructive discharge/sexual harassment claim under Title VII of the Civil Rights Act of 1964. From the decision: Defendant argues that plaintiff’s sex discrimination claim is implausible because…

Read More Constructive Discharge Sufficiently Alleged; Court Cites Groping, Sexual Comment, and Threat at Gunpoint
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In Aly v. Janet L. Yellen et al, 2024 WL 2053492 (D.Md. May 8, 2024), the court, inter alia, the court granted defendant’s motion to dismiss plaintiff’s hostile work environment claim. From the decision: Ms. Aly has failed to allege facts sufficient for the court to plausibly infer that the alleged conduct was sufficiently severe…

Read More National Origin Discrimination-Based Hostile Work Environment Claim Dismissed
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In Gray v. Minnesota Mining and Manufacturing Company, 3:23-CV-01069 (VDO), 2024 WL 1879745 (D.Conn. April 30, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim. From the decision: To establish a claim of hostile work environment, the workplace [must be] permeated with discriminatory intimidation, ridicule, and insult that is…

Read More Hostile Work Environment Claim Dismissed; Comments and Incidents Were “Isolated” and “Episodic”
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In Mattioda v. Nelson, 2024 WL 1710665 (9th Cir. April 22, 2024), the U.S. Court of Appeals for the Ninth Circuit, inter alia, held that plaintiff (a NASA employee) plausibly alleged a disability-based hostile work environment claim in violation of the Retaliation Act of 1973, 29 U.S.C. § 791 et seq. In sum, plaintiff –…

Read More 9th Circuit Reverses Dismissal of NASA Scientist’s Disability-Based Hostile Work Environment Claim
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