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FRCP 12(b)(6)

From McMahon v. Tomkins County, 16-CV-922, 2017 WL 4443884 (N.D.N.Y. Oct. 4, 2017) (J. Hurd): In determining whether a plaintiff suffered a hostile work environment, [a court] must consider the totality of the circumstances, including ‘the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether […]

In Cherry v. NYC Housing Authority et al, 15-cv-6949, 2017 WL 4357344 (E.D.N.Y. Sept. 29, 2017) (J. Brodie), the court held (inter alia) that plaintiff sufficiently alleged gender discrimination under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Plaintiff – a black male – alleged, among […]

In Ivankovskaya v. Metro. Transportation Auth. Bus Co., No. 15-cv-5727, 2017 WL 3328166 (E.D.N.Y. Aug. 3, 2017), the court held that plaintiff sufficiently alleged a retaliation claim under the Americans with Disabilities Act (ADA).[1]I addressed this decision’s resolution of plaintiff’s hostile work environment and disability discrimination claims, respectively, here and here. Plaintiff worked as a […]

In Ivankovskaya v. Metro. Transportation Auth. Bus Co., No. 15-cv-5727, 2017 WL 3328166 (E.D.N.Y. Aug. 3, 2017), the court dismissed plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA), on the ground that plaintiff did not plausibly allege that she suffered a “disability” within the meaning of the statute.[1]The court also granted defendant’s […]

In Stabler v. Congregation Emanu-El of the City of New York, No. 16 CIV. 9601 (RWS), 2017 WL 3268201 (S.D.N.Y. July 28, 2017), the court denied defendants’ motions to dismiss plaintiff’s claims of (e.g.) age discrimination, disability discrimination, and hostile work environment. Defendants based their motion to dismiss on the “ministerial exception”. The court summarized the […]

In Le v. New York State, No. 1:16-CV-1517, 2017 WL 3084414 (N.D.N.Y. July 18, 2017), the court dismissed plaintiff’s Title VII discrimination, hostile work environment, and retaliation claims. Plaintiff – a woman of Asian descent – alleged that “defendant has wrongly sided with, and failed to take corrective action against, plaintiff’s co-workers and supervisors, who […]

In Falcon v. City University of New York, 15-cv-3421, 2017 WL 2982980, (E.D.N.Y. July 10, 2017), the court held that plaintiff sufficiently alleged a claim of retaliation under Title VII of the Civil Rights Act of 1964. From the decision: Plaintiff has alleged sufficient facts to survive 12(b)(6) scrutiny regarding retaliation against her internal complaint […]

In Iscenko v. City of New York, No. 16 CIV. 6535 (LGS), 2017 WL 2880553 (S.D.N.Y. July 5, 2017), the court dismissed plaintiff’s race discrimination claims The Complaint alleges that Defendants took adverse employment actions — suspended Plaintiff without pay, significantly diminished his responsibilities, filed charges against him and fired him — at least in […]

In Padilla v. Yeshiva Univ., No. 16-4086-CV, 2017 WL 2347567 (2d Cir. June 2, 2017), the Second Circuit vacated the district court’s judgment that plaintiff failed to plausibly allege (1) retaliation under the Family and Medical Leave Act (FMLA) and (2) disability discrimination under the New York City Human Rights Law. Initially, the court summarized […]

In Gentleman v. State Univ. of N.Y.-Stony Brook, No. 16-CV-2012(ADS)(AKT), 2017 WL 2468963 (E.D.N.Y. June 6, 2017), the court held that plaintiff sufficiently alleged a claim of discrimination under the Rehabilitation Act. In sum, the court concluded that – applying the more lenient standard for “regarded as disabled” claims – plaintiff plausibly alleged that she “was […]