Race / Color Discrimination

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In a recent case, Mais v. Albemarle County School Board, Case No. 3:22-cv-51, 2023 WL 2143471 (W.D.Va. Feb. 21, 2023), the court explained why plaintiff sufficiently alleged a race-based hostile work environment under Title VII of the Civil Rights Act of 1964: Plaintiff has alleged enough facts to allow a jury to determine if the…

Read More Race-Based Hostile Work Environment Claim Survives Against Virginia School Board
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In Hill v. Denis McDonough, Secretary United States Department of Veterans Affairs, 2023 WL 2061246 (W.D.Mo. Feb. 16, 2023), the court granted defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. After summarizing the “black letter” law, the court applied it to the facts as follows: Here, the summary judgment record, viewed…

Read More Race-Based Hostile Work Environment Claim Dismissed; Reference to “These People” Notwithstanding
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In Flaherty v. Lindsey S. Dixon et al, 2023 WL 2051861 (S.D.N.Y. Feb. 16, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: The PSAC [Proposed Second Amended Complaint]’s allegations to support an inference of race discrimination are almost exclusively that Plaintiff is white and…

Read More Race-Based Hostile Work Environment Claim Dismissed; “Negative Interactions” With Coworkers of Different Race Insufficient
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In Carter v. Cole & Cole, Inc., d/b/a The Gulf Bowl & Captain’s Choice Restaurant, 2023 WL 1928215 (S.D.Ala. Feb. 10, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s race-based hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. The court assessed several factors…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Plaintiff’s Use of Word “Nigga” Did Not Defeat Claim
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In a recent case, Pitter-Green v. NYU Langone Medical Center, No. 155386/2021, 2022 WL 17751149, 2022 N.Y. Slip Op. 34276(U) (N.Y. Sup Ct, New York County Dec. 16, 2022), the court granted defendant’s motion for summary judgment on plaintiff’s race-based discriminatory discharge claims. It did, however, reject defendant’s attempt to invoke the so-called “same-actor inference”…

Read More “Same Actor Inference” Held Inapplicable, Yet Race Discrimination Claims Dismissed Against NYU Langone
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In Shaw v. University of Maryland, 2023 WL 1767455 (D.Md. Feb. 3, 2023), the court granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. This case illustrates the level of factual specificity courts require when assessing such a claim based on a plaintiff’s allegations in their complaint. From the decision: Here, the Defendants…

Read More Hostile Work Environment Claim, Based on Unasserted Contention, Dismissed
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In Skinner v. American Pollution Control Corp, 2023 WL 186950 (W.D.La. Jan. 13, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race-based hostile work environment claim. This case involves repeated use of the “N word” in the presence of plaintiff, an African American man. From the decision: AMPOL also argues…

Read More Race-Based Hostile Work Environment Claim, Based on Survives Summary Judgment
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In Garcia v. Denver Health Medical Center, Civil Action No. 22-cv-01651-CNS-MEH, 2023 WL 22186 (D.Colo. January 3, 2023), the court, inter alia, found that plaintiff plausibly alleged her claim of “reverse” race discrimination, asserted under Title VII of the Civil Rights Act of 1964, be denied. From the decision: Plaintiff also claims that she suffered…

Read More “Reverse” Race Discrimination (Hostile Work Environment) Claim Sufficiently Alleged, Colorado District Court Holds
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In Anderson v. US Polymers-Accurez, LLC, Case No. 4:22-cv-1022-MTS, 2022 WL 17496062 (E.D.Mo. Dec. 8, 2022), the court denied defendant’s motion to dismiss plaintiff’s complaint alleging race discrimination and retaliation under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. This case is instructive as to how courts assess the pleading sufficiency…

Read More Race Discrimination Claims Sufficiently Alleged; Forced Transfer May Constitute an “Adverse Employment Action”
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In Alkins v. City of New York, No. 160778/2021, 2022 WL 17811985, 2022 N.Y. Slip Op. 34284(U) (N.Y. Sup Ct, New York County Dec. 19, 2022), the court, inter alia, held that plaintiff sufficiently alleged claims for race discrimination under the New York State and City Human Rights Laws. From the decision: The Amended Complaint…

Read More Race Discrimination Claims, Based on Denial of Work-From-Home Request, Sufficiently Alleged
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