Race / Color Discrimination

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In Eustache v Board of Education of City School District of City of New York, No. 153619/19, 2022-01128, 998, 2023 N.Y. Slip Op. 05684, 2023 WL 7497614 (N.Y.A.D. 1 Dept., Nov. 14, 2023), the court, inter alia, modified a lower court order, to deny the Department of Education’s motion to dismiss plaintiff’s race- and sex-discrimination…

Read More Race Discrimination, Sexual Harassment Claims Sufficiently Alleged Against NYC Board of Education
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In Achee v. Incorporated Village of Valley Stream et al, No. 20-cv-5294, 2023 WL 7130717 (E.D.N.Y. Oct. 30, 2023), the court, inter alia, denied motion for summary judgment on plaintiff’s hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights…

Read More Race, Religion-Based Hostile Work Environment Claims Survive Summary Judgment; Evidence Included Threat to “Hang” Plaintiff
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In Stewart v. City of New York, 2023 WL 6970127 (2d Cir. Oct. 23, 2023), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the defendant’s motion for summary judgment on plaintiff’s claim of retaliation under Title VII of the Civil Rights Act of 1964. Among other things, this decision underscores the…

Read More Title VII Retaliation Claim Dismissal Affirmed; Defendant Unaware of “Protected Activity”
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In Godwin v. Young Adult Institute, Inc., No. 154663/2021, 2023 WL 7002751 (N.Y. Sup Ct, New York County Oct. 24, 2023), the court granted plaintiff’s motion to dismiss plaintiff’s race-based failure-to-hire claim asserted under the New York City Human Rights Law. From the decision: Accepting the allegations in the [complaint] as true and providing plaintiff…

Read More Failure-to-Hire Race Discrimination Claim, Based in Part on Cardi B Comment, Dismissed
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In Wilson v. Mercury Management, LLC, No. 23-2245-KHV, 2023 WL 6961987 (D.Kan. Oct. 20, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of discrimination asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. Of note here, plaintiff, who worked as an Administrative Assistant and…

Read More Native American Plaintiff Sufficiently Alleges Race, National Origin Discrimination
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In Walker v. Triborough Bridge and Tunnel Authority et al, No. 160839/21, 2022-04246, 2023 N.Y. Slip Op. 05344, 2023 WL 6884130 (N.Y.A.D. 1 Dept., Oct. 19, 2023), the Appellate Division, First Department unanimously affirmed the trial court’s Order denying defendants’ motion to dismiss plaintiff’s causes of action for discrimination and retaliation under the New York…

Read More Discrimination, Hostile Work Environment, Retaliation, Gender-Motivated Violence Act, Aiding & Abetting Claims Survive Dismissal Against Triborough Bridge & Tunnel Authority
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In Manns v. New York State Dept. of Financial Services, No. 160479/2022, 2023 WL 6812166 (N.Y. Sup Ct, New York County Oct. 16, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment asserted under the New York State Human Rights Law. Plaintiff alleged, among other things, that she…

Read More Alleged “Racist and Sexist Verbal Attacks” Support Hostile Work Environment Claim Under Amended NYS Human Rights Law
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In Onely v. Redner’s Markets, Inc., No. 21-4785, 2023 WL 6626120 (E.D.Pa. Oct. 11, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of race discrimination and race-based hostile work environment asserted under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. As to plaintiff’s…

Read More A “Thousand Cuts”: Title VII Hostile Work Environment Claims Survive Summary Judgment
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In Shah v. Shirley Ryan Abilitylab, 2023 WL 6388228 (N.D.Ill. Sept. 29, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment and constructive discharge claims. From the decision: To allege a plausible hostile work environment claim, the environment must be “both subjectively and objectively offensive,” and the conduct constituting the…

Read More “Routine Annoyances” Did Not Give Rise to Hostile Work Environment, Constructive Discharge Claims
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In Spencer v. Global Innovative Group, LLC, 17 Civ. 7604 (PGG) (BCM), 2023 WL 6633860 (S.D.N.Y. Oct. 12, 2023), the court declined to adopt a Magistrate Judge’s Report & Recommendation that plaintiff’s race-based hostile work environment claim be dismissed. This decision – and in particular, its thorough evaluation and analysis of pertinent case law (both within…

Read More Hostile Work Environment Claim, Based on Single Use of the “N-Word”, Survives Dismissal
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