FRCP 12(b)(6)

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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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In Noh v. Admarketplace, Inc., 24 Civ. 2107 (ER), 2025 WL 965882 (S.D.N.Y. March 28, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sex- and race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State and City…

Read More Hostile Work Environment Claim, Based on Race and Sex, Survive Dismissal
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In Huber v. TIAA, 2025 WL 1139131 (W.D.Va. April 17, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim in violation of Title VII of the Civil Rights Act of 1964. In sum, plaintiff alleged that defendant engaged in religious discrimination by failing to accommodate her request for a…

Read More Title VII Religion-Based Hostile Work Environment Claim Dismissed
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In Rosenson v. Bloomfield, Civil Action No. 24-1365 (SLS), 2025 WL 958254 (D.D.C. March 31, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s retaliatory hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To prevail on a retaliatory hostile-work-environment claim, “a plaintiff must…

Read More Hostile Work Environment Claim Dismissed; Repeated Criticism and Other Actions Held Insufficiently Severe or Pervasive
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In Shelton v. University Healthcare System, L.C., 2025 WL 816293 (E.D.La. March 14, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. This decision is instructive on Title VII’s “severe or pervasive” standard for assessing such claims. From…

Read More Title VII Hostile Work Environment Claim Dismissed; Additional Workload Did Not Amount to “Severe or Pervasive” Harassment
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In Little v. R & L Carriers, Inc. et al, 3:24-CV-836 (OAW), 2025 WL 744276 (D.Conn. March 9, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: To establish a hostile work environment claim under…

Read More Title VII Race-Based Hostile Work Environment Claim Survives Dismissal
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In Borden v. City of New York, 23-CV-8330 (RPK) (CLP), 2025 WL 754147 (E.D.N.Y. March 10, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sex-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff’s non-time barred allegations do not plausibly amount to…

Read More Sex-Based Hostile Work Environment Claims Dismissed; Alleged Sexual Innuendo, Grabbing Were Not “Severe” or “Pervasive”
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In Gahfi v. New York City Department of Education, 23-cv-1782 (BMC), 2025 WL 675933 (E.D.N.Y. Feb. 28, 2025), the court, inter alia, held that the plaintiff sufficiently alleged a claim of religion-based discrimination under Title VII of the Civil Rights Act of 1964. From the decision: “At the pleadings stage … a plaintiff must allege…

Read More Religious Discrimination Claims Survive Dismissal, Court Holds
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In Delancey v. Justin Wells, Fox Corporation, and Fox News Network, LLC, 23 Civ. 10357 (AT), 2025 WL 579971 (S.D.N.Y. Feb. 21, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted under the New York State Human Rights Law (which, explained the court, employs the…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged Against Fox
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