News & Analysis as of September 23, 2024

Discrimination › Federal Rule 12(b)(6)

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Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +

The Not-So-Elusive 12(b)(6) Dismissal: Fifth Circuit Shoots Down Retaliation Claim Based on Single Text Message

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/7/2017

The Fifth Circuit Court of Appeals recently affirmed the dismissal of a Title VII retaliation claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim where the plaintiff premised her...more

Back on the Case: Fifth Circuit Reexamines Detective's Race Suit

Baker Donelson on 10/21/2014

Title VII of the Civil Rights Act of 1964 requires that an individual show that he or she was subjected to an "adverse employment action" in order to proceed on a claim of discrimination. Courts have defined "adverse...more

“Mark of the Beast” Claim Busts

Sherman & Howard L.L.C. on 7/8/2014

In Yeager v. FirstEnergy Generation Corp., No. 5:14cv-567 (N.D. Ohio June 27, 2014), a plaintiff asserted a religious discrimination claim for refusal to hire. In the complaint, he alleged he was not hired because he refused...more

Vegan Employee May Proceed with Religious Discrimination Claim

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/17/2013

A federal district court in Ohio has refused to dismiss a complaint for religious discrimination made by a hospital employee after the employee was fired for refusing to be vaccinated for the flu. The basis of the refusal to...more

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Discrimination › Federal Rule 12(b)(6)

The Not-So-Elusive 12(b)(6) Dismissal: Fifth Circuit Shoots Down Retaliation Claim Based on Single Text Message

Back on the Case: Fifth Circuit Reexamines Detective's Race Suit

“Mark of the Beast” Claim Busts

Vegan Employee May Proceed with Religious Discrimination Claim

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