FRCP 12(b)(6)

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In Pike v. Budd, 133 F.4th 74 (1st Cir. 2025), the court vacated the lower court’s dismissal of plaintiff’s sexual harassment claim based on qualified immunity. The court summarized the alleged facts as follows: Plaintiff-Appellant Samantha Pike (“Pike”), a licensed alcohol and drug treatment counselor employed by Wellspring, Inc. (“Wellspring”), worked at Maine’s Adult Treatment…

Read More Section 1983 Sexual Harassment Claim Survives Dismissal
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In Leavines, Isabella v. Ollie’s Bargain Outlet, Inc. and Lorenzo Duffey, Civil Action No. 2:24-932, 2025 WL 1635192 (W.D.Pa. June 10, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s quid pro quo sexual harassment claim asserted in violation of Title VII of the Civil Rights Act of 1964. From the decision: In Count II,…

Read More Title VII Quid Pro Quo Sexual Harassment Claim Survives Dismissal
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In Ruiz v. Credit Agricole Corporate and Investment Bank, Anthony Botting, 2025 WL 1642406 (S.D.N.Y. June 10, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under the New York City Human Rights Law. From the decision: I turn next to Plaintiff’s claim under the NYCHRL that…

Read More Race-Based Hostile Work Environment Claim, Asserted Under the NYC Human Rights Law, Survives Dismissal
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In Regis v. Noem, Civil Action No. 24-2405 (SLS), 2025 WL 1580808 (D.D.C. June 4, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s complaint alleging age discrimination under the Age Discrimination in Employment Act (ADEA). Plaintiff, a 59 year-old former fingerprint specialist at the United States Secret Service, alleged that defendant subjected…

Read More Secret Service Fingerprint Specialist’s Age Discrimination Claim Survives Dismissal
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In Kukreja v. Scientific Systems Company et al, 24-CV-1364 (SFR), 2025 WL 1549071 (D.Conn. May 30, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s disability-based hostile work environment claim asserted under the Americans with Disabilities Act. In sum, plaintiff alleged that he incurred injuries while on a work trip, and that (for…

Read More Citing Timely Termination, Court Denies Motion to Dismiss Disability-Based Hostile Work Environment Claims
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In O’Reilly v. The Institute For Cancer Research, 2025 WL 1534969 (E.D.Pa. May 29, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s quid pro quo sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Quid pro quo sexual harassment occurs when an employee experiences…

Read More Quid Pro Quo Sexual Harassment Claim Survives Dismissal
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In Krstovska v. Staunton Financial, Inc., Case No. 24-12903, 2025 WL 1524456 (E.D.Mich. May 27, 2025), the court, inter alia, the court dismissed plaintiff’s claims of hostile work environment and retaliation under Title VII of the Civil Rights Act of 1964, on the ground that plaintiff failed to exhaust her administrative remedies. From the decision:…

Read More Title VII Hostile Work Environment Claim Dismissed as Not Administratively Exhausted at the EEOC
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In Flanagan et al v. Girl Scouts of Suffolk County, Inc. et al, 23-7900-cv, 2025 WL 1501751 (2d Cir. May 27, 2025), the court, inter alia, held that plaintiff plausibly alleged race discrimination under 42 U.S.C. § 1981 and the New York State Human Rights Law (NYSHRL), and vacated a lower court order holding otherwise.…

Read More Race Discrimination Claims Plausibly Alleged; 2nd Circuit Vacates Dismissal
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In Wallace v. Mary Baldwin University, 2025 WL 1409860 (4th Cir. May 15, 2025), the court affirmed the lower court’s orders dismissing, for failure to state a claim, her complaints raising claims of sex discrimination and retaliation under Title VII of the Civil Rights Act of 1964. From the decision: A plaintiff can establish a…

Read More Title VII Sex Discrimination and Retaliation Claims Properly Dismissed, 4th Circuit Holds
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In Paul v. City of Fort Worth, Civil Action No. 4:24-cv-00913-O, 2025 WL 1287920 (N.D.Tex. May 2, 2025), the court denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim asserted under Texas law.[1]Note: I am not admitted to practice law in Texas. The court summarized the black-letter law – noting that the…

Read More Hostile Work Environment Sexual Harassment Sufficiently Alleged
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