Race Discrimination Claims Survive Against Union, Based on Disparate Arbitration of Grievances

From Cruz v. SEIU Local 32 BJ et al, 19-cv-11836, 2021 WL 3604661 (S.D.N.Y., 2021):

The Complaint states a claim against the Union for discrimination pursuant to NYSHRL and NYCHRL based on allegations that the Union chose to arbitrate Borici’s workload grievance but not Plaintiff’s. The Complaint alleges that Plaintiff and Borici had workloads of identical size and that the difference between the 2019 Workload Grievance and Borici’s workload grievance is that Borici is White. This is enough to state a claim for discrimination based on race under either NYSHRL or NYCHRL.