Race Discrimination

In Massie v. Metro. Museum of Art, No. 11-CV-9549 JPO, 2015 WL 3833839 (S.D.N.Y. June 22, 2015), the Southern District of New York reiterated that, when asserting a hostile work environment claim, [a] plaintiff need not show that the incidents rendered the work environment “unendurable” or “intolerable,” but she must, to survive a motion for summary […]

The recent Southern District of New York case of Amar v. New York City Health and Hospitals Corp., 14-cv-2503 (SDNY June 15, 2015) is instructive on pleading a hostile work environment claim under Title VII of the Civil Rights Act of 1964. In Amar, Judge Ramos held that the plaintiff, an African American woman employed by defendant as […]

A recent decision, DeLaurencio v. Brooklyn Children’s Center, Superintendent (EDNY May 29, 2015), reiterates that Title VII is not a “general civility code” and that “[w]ork environments that are hostile for non-discriminatory reasons do not fall within the ambit of Title VII.” In this case, the court held that none of the allegations in plaintiff’s […]

In Francis v. Kings Park Manor, Inc., 14-cv-3555 (EDNY March 16, 2015), the court held that the plaintiff, an African American man whose neighbor subjected him to racist comments, stated a cause of action for breach of the implied warranty of habitability. Plaintiff alleged, for example, that his next-door neighbor called him a “fucking nigger” and repeatedly […]

In Orange v. Leake & Watts Inc., No. 13-CV-6110 KBF, 2015 WL 2340649 (S.D.N.Y. May 15, 2015), the court granted defendant’s motion for summary judgment and dismissed plaintiff’s race discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964. Plaintiff, an African American assistant teacher, alleged “that she suffered an adverse employment […]

Here is the federal court complaint filed by Philippa Okoye against her employer deVere Group on May 18, 2015. She alleges hostile work environment sexual harassment, gender discrimination, associational race discrimination (in light of her husband, Lawrence Okoye’s, race), religion-based discrimination, and retaliation under the New York City Human Rights Law.

In Daniel v. AutoZone, Inc. (NDNY May 6, 2015), the Northern District of New York denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claims against the individual defendants under 42 USC 1981 and the New York State Human Rights Law. Here is the applicable law: [A]n individual defendant may be liable under section 1981. […]

“To make out a prima facie [employment] discrimination claim [under Title VII of the Civil Rights Act of 1964], a plaintiff must demonstrate … (1) [he] was within the protected class; (2) [he] was qualified for the position; (3) [he] was subject to an adverse employment action; and (4) the adverse action occurred under circumstances giving […]

In Green v. District Council 1707, a Summary Order issued by the Second Circuit on April 17, 2015, the U.S. Court of Appeals for the Second Circuit vacated a lower court’s order dismissing plaintiff’s race discrimination claim under 42 U.S.C. § 1981. “To survive a motion to dismiss, a discrimination complaint need not allege facts […]

Employment discrimination and hostile work environment claims are often difficult to prove, and frequently fail at the summary judgment stage. That is, there are many decisions in which a judge rules that there simply isn’t enough evidence to get to a jury on these issues. In that instance, the court is not taking on the […]