FRCP 12(b)(6)

In Rivera v. JP Morgan Chase, 2020 WL 2787622 (2d Cir. May 29, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s race- and national origin-based hostile work environment claim under Title VII of the Civil Rights Act of 1964. From the decision: To state…

Read More Hostile Work Environment Claim Dismissal Affirmed; Insufficient Details Alleged

In Erno v. New York State Office of Information Technology Services, 2020 WL 2736563 (N.D.N.Y. May 26, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s gender discrimination claim, based on her alleged denial of a desired assignment. The court explained the contours of an “adverse employment action” in this context: An adverse employment…

Read More Gender Discrimination Claim, Based on Denial of Assignment, Dismissed

In Erno v. New York State Office of Information Technology Services, 2020 WL 2736563 (N.D.N.Y. May 26, 2020), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment sexual harassment claim. From the decision: Considered in totality, the Court finds that the facts alleged by Plaintiff are sufficient to state a hostile work…

Read More Hostile Work Environment Sexual Harassment Claim Sufficiently Alleged; Allegations Included Sexist Jokes

In Moultry v. Rockland Psychiatric Center, 2020 WL 2765870 (SDNY May 28, 2020) (J. Roman), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of constructive discharge. From the decision: A “[c]onstructive discharge of an employee occurs when an employer, rather than directly discharging an individual, intentionally creates an intolerable work atmosphere that…

Read More Constructive Discharge Claim Sufficiently Alleged Against Rockland Psychiatric Center

In Miranda v. South Country Central School District, Joseph Giani, et al, 2020 WL 2563091 (EDNY May 21, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of gender discrimination asserted under Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and the New…

Read More “Topless Selfie” Teacher’s Gender Discrimination Claims Continue Against School District

In Laface v. Eastern Suffolk BOCES, 2020 WL 2489774 (EDNY May 14, 2020) (J. Spatt), the court, inter alia, granted plaintiff leave to amend his complaint to supplement his retaliation claim under the Americans with Disabilities Act (ADA). The court outlined the relevant law: To succeed in an ADA retaliation claim, a plaintiff must prove…

Read More ADA Retaliation Claim May Be Supplemented in Amended Complaint

In Laface v. Eastern Suffolk BOCES, 2020 WL 2489774 (EDNY May 14, 2020) (J. Spatt), the court, inter alia, held that plaintiff did not sufficiently allege that he suffered from a “disability” (here, a mold allergy0 within the meaning of the Americans with Disabilities Act (ADA). From the decision: Here, the Court denies the Plaintiff…

Read More Disability (Mold Allergy) Insufficiently Alleged; ADA Amendment Denied

In Zabar v. New York City Department of Education, 2020 WL 2423450 (S.D.N.Y. May 12, 2020) (J. Gardephe), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claim asserted under the Americans with Disabilities Act (ADA). From the decision: Plaintiff claims that she engaged in protected activity in the summer of 2016, when…

Read More NYC Teacher’s ADA Retaliation Claim Survives Dismissal

In Johnson v. City of New York, 2020 WL 2036708 (S.D.N.Y. April 28, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s sexual orientation discrimination 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. From…

Read More Firefighter’s Sexual Orientation Discrimination Claim Survives Dismissal

In Anderson v. New York City Department of Finance, 19-CV-7971, 2020 WL 1922624 (S.D.N.Y. April 21, 2020), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based discrimination and hostile work environment claims. As to his hostile work environment claim, the court explained, with respect to the nature and consistency of the alleged conduct:…

Read More Race-Based Hostile Work Environment Claim Dismissed Against NYC Department of Finance