Race / Color Discrimination

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In Dale v. Cerberus Security LLC, No. 1:25-CV-917, 2025 WL 3041819 (W.D. Mich. Oct. 31, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiffs’ hostile work environment claims. From the decision: Plaintiffs point to the following allegations in support of their claims. Pamela “was told by management on numerous occasions that she did…

Read More “Despicable” Racist Comments Nevertheless Insufficient to State Hostile Work Environment Claim, Court Holds
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In Cain v. United Mortgage Corp. and Emmanuel Catechis, 21-cv-3325 (BMC), 2025 WL 2932758 (E.D.N.Y. Oct. 15, 2025), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the…

Read More Racially Hostile Work Environment, Based on “N—-r” Nickname, Survives Summary Judgment
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In Carter-Marks v. Alstom Transport USA Inc., 2025 WL 2680998 (E.D.N.Y. Sept. 19, 2025), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s claim of hostile work environment asserted under Title VII of the Civil Rights Act of 1964. This decision illustrates the principle, cited often by courts, that actions that might…

Read More Title VII Hostile Work Environment Claim Dismissed; Alleged “Intimidation” Insufficient
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In Izuogu v. Credit Agricole Corporate and Investment Bank, New York, 24 Civ. 4329 (DEH), 2025 WL 2806683 (S.D.N.Y. Oct. 2, 2025), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s hostile work environment claims under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. 1981. From the decision: To establish…

Read More Hostile Work Environment Claims Dismissed; Remarks, Gossip, False Complaint Did Not Reference Race or National Origin
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In Chislett v. New York City Department of Education, No. 24-972-cv, 2025 WL 2725669 (2d Cir. Sept. 25, 2025), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the lower court’s award of summary judgment on plaintiff’s race-based hostile work environment claim. As it was undisputed that plaintiff subjectively perceived the environment…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment Against the NYC Department of Education
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In Clermont v. OTG Concessions Management LLC, 24-cv-6590 (BMC), 2025 WL 2664022 (E.D.N.Y. Sept. 17, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation asserted under 42 U.S.C. § 1981. From the decision: To state a claim for retaliation under Section 1981, a plaintiff must plead: “(i) she engaged in…

Read More Section 1981 Retaliation Claim Survives Dismissal
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In Clermont v. OTG Concessions Management LLC, 24-cv-6590 (BMC), 2025 WL 2664022 (E.D.N.Y. Sept. 17, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of race discrimination asserted under 42 U.S.C. § 1981. In sum, plaintiff, a Hispanic woman who worked as a JFK Airport barista, alleged (among other things) that her…

Read More Hispanic JFK Barista Sufficiently Alleges Race Discrimination Under 42 U.S.C. § 1981
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In Oji v. Douglas A. Collins, Secretary, Department of Veterans Affairs, 2025 WL 2624975 (E.D.N.Y. Sept. 11, 2025), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment. From the decision: Though it is undisputed that Plaintiff subjectively viewed his working environment as a hostile one, Plaintiff has cited…

Read More Race-Based Hostile Work Environment Claim Dismissed; Alleged Comments by Non-Supervisor Held Insufficient
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In Garcia v. Westhampton Primary Care, Maria Barlowe, Marie Alessi, and StaffCo of Brooklyn, LLC, 2025 WL 2614945 (E.D.N.Y. Sept. 10, 2025), the court, inter alia, held that plaintiff plausibly alleged a race-based hostile work environment claim ,as well as for a retaliatory hostile work environment, in violation of Title VII of the Civil rights…

Read More Race-Based Hostile Work Environment Claims Survive Dismissal
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