FRCP 12(b)(6)

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Snowy entrance to 8th Street subway station Snowy entrance to 8th Street subway station

In Holsten v. Barclays Servs. LLC, No. 3:24CV844 (RCY), 2025 WL 2696991 (E.D. Va. Sept. 22, 2025), the court held that plaintiff sufficiently alleged a sex-based hostile work environment under Title VII of the Civil Rights Act of 1964 and, therefore, in accordance with the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act…

Read More Title VII Sex-Based Hostile Work Environment Sufficiently Alleged; Motion to Compel Arbitration Denied
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In a recent decision, Aubrey Drake Graham v. UMG Recordings, 25-CV-0399 (JAV), 2025 WL 287960 (S.D.N.Y. Oct. 9, 2025), the court, inter alia, dismissed rapper Drake’s complaint alleging defamation, arising from a lyric in a song (“Not Like Us”) accusing Drake of being a pedophile. Ultimately, the court ruled that the statement was nonactionable opinion.…

Read More Drake’s Defamation Complaint Dismissed; “Not Like Us” Statements Were Nonactionable Opinion
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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
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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
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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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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
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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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