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Race Discrimination

From St. Jean Jeudy v. City of New York, 2016 NY Slip Op 06045 (App. Div. 1st Dept. Sept. 15, 2016): It is undisputed that plaintiff made out the first three elements of his claim of invidious employment discrimination under the State and City [Human Rights Laws]. We find that he also made out the fourth […]

In a recent Order issued in Walker v. H & M Henner & Mauritz LP, 16-cv-03818 (filed 9/12/16), the court granted the plaintiff’s motion to quash subpoenas that defendant proposed to serve on plaintiff’s former and current employers and schools she attended, in order to support its “after acquired evidence” defense. Defendant argued that “during […]

A recent decision, Frazier v. City of New York Dep’t of Correction, No. 14-CV-1224 (KAM)(PK), 2016 WL 4444775 (E.D.N.Y. Aug. 23, 2016), addressed whether certain alleged actions were “adverse employment actions” sufficient to support a proposed complaint amendment to add a claim of retaliation. Initially, the court addressed the procedural issue of whether plaintiff should be […]

In Redfern-Wallace v. Buffalo News, Inc., No. 12-CV-471, 2016 WL 4361129 (W.D.N.Y. Aug. 16, 2016), the court adopted a Magistrate’s Report & Recommendation that defendants’ motions for summary judgment dismissing plaintiff’s discriminatory-discharge, hostile work environment, and retaliation claims. As to plaintiff’s discriminatory-discharge claim, the court explained: Based on the undisputed facts, it is clear that The News […]

In Philip v. Gtech Corp., No. 14 CIV. 9261 (PAE), 2016 WL 3959729 (S.D.N.Y. July 20, 2016), the court held that there were “triable issues of fact which, if resolved in Philip’s favor, would enable a reasonable jury to find that race was more likely than not a motivating factor in his termination.” For example, the […]

In Fullwood v. SDH Servs. W., LLC, No. 16-CV-1 (RA), 2016 WL 3951186 (S.D.N.Y. July 20, 2016), an employment discrimination/hostile work environment/sexual harassment case, the court granted defendants’ motion to change venue from the Southern District of New York to the Western District of New York. In this case, plaintiff contends that over the course […]

In Carter v. Syracuse City School District, No. 15-2395, 2016 WL 3671631 (2d Cir. July 11, 2016) (Summary Order), an employment discrimination case, the Second Circuit vacated the district court’s dismissal of plaintiff’s discrimination and retaliation claims. Initially, the court held that the District Court incorrectly dismissed plaintiff’s State Human Rights Law claim because plaintiff […]

In Fisher v. Mermaid Manor Home for Adults, LLC, No. 14-CV-3461 (WFK)(JO), 2016 WL 3636021 (E.D.N.Y. June 29, 2016), the court denied defendant’s motion for summary judgment on plaintiff’s race/national origin-based hostile work environment claim. Here are the pertinent facts, as summarized by the court: Defendant, a residential assisted living facility, hired Plaintiff, an African American […]

In Gomez v. Cablevision Sys., 2016 NY Slip Op 31177(U) (N.Y. Sup. Ct. June 20, 2016), the court held that plaintiff presented enough evidence to survive summary judgment on his race-based hostile work environment under the NYC Human Rights Law (but not under the NYS Human Rights Law). This case is another example of the […]

In Motta v. Glob. Contract Servs. Inc., No. 15 CV 8555 (LGS), 2016 WL 2642229 (S.D.N.Y. May 4, 2016), the court dismissed plaintiff’s retaliation and discriminatory pay claims as insufficiently pled. While the court held that the complaint was deficient, its decision is nevertheless instructive as to what must be alleged in order to survive a […]